Terms of Service & Privacy Policy

Client Terms of Service

Thank you for subscribing to SmartScreen Services. These Terms of Service (these "TOS") are part of the Subscription Agreement between You and SmartScreen, LLC (f/k/a SmartScreen, LLC) ("SmartScreen") and are incorporated into the Subscription Agreement as if fully set forth therein. These TOS (as they may be amended from time to time), together with the Subscription Agreement, form a binding agreement (the "Agreement") between You and SmartScreen and govern Your access to and use of the Services. In the event of any conflict or inconsistency between these TOS and the Subscription Agreement, the order of precedence shall be: (1) these TOS and (2) the Subscription Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind such entity and its affiliates to this Agreement. If You do not have such authority or a legal entity does not exist, You are personally responsible for the obligations hereunder. 

1. DEFINITIONS. 

1.1. "Account" means a unique account created for You to access the Services. 1.2. "Client Content" means images, text, logos, branding elements, video, audio and other content provided by You to be displayed in, incorporated into or distributed through the Services for You, but excluding Statistical Data. Client Content includes Your domain names, trademarks, service marks, trade dress, trade names, corporate names and logos. 1.3. "Client Sites" means any of Your websites that are built, hosted and/or powered by the Services. 1.4. "Follower" means any third-party individual who interacts or engages with You through the Services and whose

personal information, ratings reviews, online orders or other related information is stored or processed through use of the Services. 1.5. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world, in each case, for their full term and together with any renewals or extensions 1.6. "Services" means the Services made available or provided to You by SmartScreen or its agents, as specified in the Subscription Agreement or in a written notice (including email) between the parties. The Services include web-based applications, mobile applications, technical support and documentation such as user guidelines and online help files. 1.7. "SmartScreen Sites" means Smartafy.com, SmartScreenai.ai, any other subdomains of SmartScreen.com, as well as the SmartScreen for Owners mobile application or any successor thereto. 1.8. "Subscription Agreement" means an ordering document that specifies the Services purchased or selected by You that is (a) signed by You and signed or otherwise accepted by SmartScreen or (b) created when You start a Free Trial or purchase Services on the SmartScreen Sites. A Subscription Agreement may be signed electronically and/or in multiple counterparts. 1.9. "You" means the person or entity that has licensed or purchased the Services through a Subscription Agreement (including such person or entity's employees, agents or contractors). 

2. USE OF THE SERVICES. 

2.1. Subject to the terms and conditions of the Agreement, SmartScreen grants to You a

limited, non-exclusive, non-transferable, non-sublicensable right to use the Services during the Term. You will not have any rights to the Services except as expressly granted in the Agreement. SmartScreen reserves to itself all rights to the Services not expressly granted to You in accordance with the Agreement. SmartScreen retains all Intellectual Property Rights in and to the Services. 2.2. You may use the Services solely for Your own internal business operations. You will not, and will not permit or authorize third parties to: (a) license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Services;

(b) use the Services to provide services to third parties; (c) compromise, circumvent or disable any security or other technological features or measures of the Services; (d) reverse engineer, copy, distribute, display, disseminate, or otherwise reproduce any element of the Services, or use the Services or any of SmartScreen's Confidential Information (as defined below) to compete with the Services; (e) modify, adapt, hack, crack or phish the Services, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks; (f) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or the components of the Services; (g) use the Services to knowingly post, upload, link to, send or store any content that is defamatory, libelous, fraudulent, derogatory, abusive, obscene, sexually explicit, unlawful, hateful, harassing, violent, threatening, racist, discriminatory or otherwise objectionable in SmartScreen's reasonable opinion, or that contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) use automated scripts to collect

information from or otherwise interact with the SmartScreen Sites or the Services; (i) impersonate any other user of the Services; or (j) use the Services in violation of any third-party acceptable use policy, terms of use or any similar policy or terms. 2.3. You will use the Services in compliance with all applicable laws and regulations and in a manner that does not infringe on the rights (including Intellectual Property Rights) of any third party or violate any third party's privacy rights. 2.4.

You are prohibited from using the Services to send unsolicited email, text/SMS or other electronic communications (sometimes called "spam"). You agree to import into the Services only contact lists for which all parties have consented to receive email, text or other electronic communications from You. You are responsible for ensuring that Your use of the Services do not generate spam or other complaints in excess of industry norms. You agree that You are the sole or designated "sender" (as such term is defined in the United States CAN-SPAM Act of 2003 and any rules or regulations adopted under such act) of any messages sent from Your Account. Similarly, for messages sent to Canadian email accounts, You are the sole person sending or causing or permitting the message to be sent from Your Account (within the meaning of Canada's Anti-Spam Legislation, S.C. 2010, c. 23). Subject to the foregoing, for each restaurant location for which You have purchased the software subscription Service, You are entitled to send to Your Followers per week: (a) unlimited non-automated email communications;

(b) up to 5,000 SMS communications for the first location of a restaurant concept; and (c) up to 2,500 SMS communications for each additional location of the same restaurant concept.

Notwithstanding the foregoing, due to anti-spam protective measures, each Follower may only receive one SMS communication every seven days from each restaurant concept.

2.5. You are responsible for managing access to Your Account, including maintaining the confidentiality of usernames, passwords and account information, and for all activities that occur under Your Account or as a result of Your access to the Services. You will use reasonable efforts to prevent any unauthorized use of Your Account and immediately notify SmartScreen in writing of any unauthorized use that comes to Your attention. If there is unauthorized use by anyone who obtained access to the Services directly or indirectly through You, You will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by SmartScreen to prevent or terminate unauthorized use of the Services. 2.6. SmartScreen may suspend Your use of the Services if we reasonably and in good faith believe such suspension is necessary to prevent unauthorized use of the Services, to prevent use of the Services in breach of the Agreement or to prevent an ongoing violation of any applicable laws or regulations. SmartScreen will use commercially reasonable efforts to notify You prior to any such suspension and will only suspend the Services to the extent necessary to prevent such unauthorized use, breach or violation.

2.7. You are solely responsible for all information, data, text, messages or other materials that are posted, uploaded, linked to or transmitted via Your Account or on Your Client Sites. SmartScreen may, but is not obligated to, monitor such information, data, text, messages or other materials and

SmartScreen may take corrective action with respect to any such information, text, messages or other materials that violate the provisions of the Agreement. You hereby agree that SmartScreen has no liability arising from such information, data, text, messages or other materials or due to any corrective action that SmartScreen may take with respect to the same. 2.8. You will cooperate with SmartScreen in the performance by SmartScreen of the Services, including, without limitation,

(a) providing SmartScreen with timely access to information, Client Content and Your personnel, including promptly scheduling meetings when requested by SmartScreen to facilitate the same; (b) promptly rendering all decisions and approvals so as not to delay or impede the performance of the Services by SmartScreen; and (c) promptly notifying SmartScreen of any issues, concerns or disputes with respect to the Services. You acknowledge that SmartScreen's ability to deliver the Services is contingent upon Your compliance with the Agreement, including this Section 2.8. Accordingly, if SmartScreen's performance of its obligations under the Agreement is prevented or delayed by Your act or omission, including Your failure to cooperate with SmartScreen in accordance with this Section 2.8 (a "Client Delay"), SmartScreen will not be deemed in breach of its obligations under the Agreement or otherwise be liable for any costs, charges or losses sustained or incurred by You, in each case, to the extent arising directly or indirectly from a Client Delay. A Client Delay does not terminate, suspend, or delay Your obligation to pay any fees otherwise due under the Agreement. 2.9. You hereby grant SmartScreen a non-exclusive license to use, copy, modify, store,

transmit and display the Client Content solely to the extent reasonably required to provide and maintain the Services for Your use. You represent, warrant and covenant that You have the right to grant us this right over the Client Content and the Client Content will not violate any laws or regulations or third- party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of the Client Content. 2.10. You hereby grant SmartScreen a nonexclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback SmartScreen receives from You. In addition, SmartScreen may use Your name, logo and other information on the SmartScreen Sites and marketing collateral and in sales pitches and Service demonstrations. 2.11. You are responsible for supplying and maintaining at Your own cost and expense all equipment and services necessary for You to access and utilize the Services, including but not limited to computer and network equipment, mobile devices, and internet connection services.

SmartScreen is not responsible for the reliability or availability of any such equipment or services. 2.12. You agree that Your subscription to the Services is not contingent on the delivery of any future functionality, or dependent on any oral or written public comments made by SmartScreen regarding future functionality. 2.13. SmartScreen may make features that we are still testing available to You. These modules and features are

identified as beta, preview, early access or similar ("Beta Features"). Beta Features may not be supported or fully tested, may contain errors, design flaws or other problem, and may be changed at any time without notice to You. Beta Features are provided "as-is" without warranties of any kind. SmartScreen will have no liability arising out of or in connection with a Beta Feature. 2.14. 

SmartScreen reserves the right, in its absolute discretion, to determine Your eligibility for a Free Trial and to revoke or modify a Free Trial and put Your account on hold in the event that we have determined that You are not eligible for a Free Trial. To the maximum extent permitted by law, SmartScreen does not make any binding representations, warranties, commitments or obligations in connection with the Services during a Free Trial.

 3. FEES; PAYMENT; TAXES.

 3.1. During the Term (as defined in Section 4.1), You will pay SmartScreen the fees specified in the Subscription Agreement, the Online Ordering Fees (as defined in Section 8.3) and any applicable Taxes (as defined in

Section 3.4). If You order additional Services or upgrade the Services You are receiving, any resulting change in fees will be

effective immediately. All amounts payable under the Agreement are denominated in United States dollars, and You will pay all such amounts in United States dollars. Except as otherwise provided in the Agreement, fees are non-refundable.

3.2. In order to use the Services, You must provide account information for at least one valid debit or credit card or bank account ("Payment Method"). You are responsible for providing complete and accurate Payment Method and contact information to us and notifying us of any changes to such information. You authorize SmartScreen to charge Your Payment Method for all amounts due under the Agreement. Payment for any one-time fees specified in the Subscription Agreement and the first payment for the recurring subscription fees specified in the Subscription Agreement are due on the date of the Subscription Agreement and SmartScreen will charge or initiate a transfer from Your Payment Method for such amounts accordingly. Thereafter during the Term, SmartScreen will charge or initiate a transfer from Your Payment Method in advance for the recurring subscription fees specified in Your Subscription Agreement at the payment intervals specified in Your Subscription Agreement. In addition, as described in more detail in Section 8.3, if you use a Third-Party Payment Processor (as defined in Section 8.3) that does not remit Online Ordering Fees directly to SmartScreen, SmartScreen will charge or initiate a transfer from Your Payment Method on a daily or weekly basis for the Online Ordering Fees incurred during such timeframe. You agree to dispute any portion of such charged or transferred amount by notifying SmartScreen in writing within 30 days of such charge or transfer and cooperating diligently with

SmartScreen in promptly resolving such dispute. If You initiate a chargeback with Your credit card company or bank rather than following the procedure described above, SmartScreen will be entitled to recover the full amount of the chargeback, as well as any of its fees, disbursements or other costs or expenses involved in recovering such amount. 3.3. Except for any amounts disputed by You reasonably and in good faith, any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded daily from the date due until the date paid. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys' fees) incurred by SmartScreen to collect any amount that is not paid when due. Amounts due from You under the Agreement may not be withheld or offset by You against amounts due to You for any reason. If any amount owed by You for the Services is 30 days or more overdue, we may, without limiting our other rights and remedies, (i) accelerate Your unpaid fee obligations under the Agreement so that all such obligations become immediately due and payable, and (ii) suspend Our services to You until such amounts are paid in full. 3.4. The fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your purchase or use of the Services. Taxes will not be deducted from or set off against the fees set forth in Your Subscription Agreement or any applicable invoice. If

SmartScreen has the legal obligation to pay or collect Taxes for which You are responsible under this Section 3.4, including for fees previously invoiced, SmartScreen will invoice You and You will pay that amount. SmartScreen is solely responsible for taxes assessable against SmartScreen based on its income, property and employees. 

4. TERM AND TERMINATION. 

4.1. The Agreement is dated and effective as of the date the Subscription Agreement is

(a) signed by You and signed or otherwise accepted by SmartScreen or (b) created when You start a Free Trial or purchase Services on the SmartScreen Sites and will remain in effect until terminated in accordance with Section 4.2 or Section

4.3 (the "Term"). 4.2. Either party may terminate the Agreement

(a) upon 30 days' prior written notice to the other party of a material breach of the Agreement by the other party if such breach remains uncured at the expiration of such period or (b) immediately upon written notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 4.3. Other than pursuant to Section

4.2 above, You may not terminate the Agreement during the "Minimum Duration," "Agreement Duration" or "Contract Length" period set forth in Your Subscription Agreement (the "Minimum Commitment Period"). Any attempt to terminate the Agreement in breach of the foregoing sentence will accelerate Your unpaid fee obligations for the Minimum Commitment Period so that all such obligations become immediately due and payable. After the Minimum Commitment Period, either party may terminate the Agreement as of the end of the period for which SmartScreen has received payment for the Services by providing written

notice to the other party. A Free Trial that converts into a paid Indie Subscription does not have a Minimum Commitment Period and may be terminated at any time by either party providing written notice to the other party, such termination to be effective as of the end of the period for which SmartScreen has received payment for such Service. If you upgrade from an Indie Subscription to another plan, a Minimum Commitment Period will apply. For the avoidance of doubt, the Agreement does not automatically terminate upon completion of the Minimum Commitment Period and upon written notice of termination in accordance with the foregoing, You will not be refunded any fees paid prior to such notice and SmartScreen will continue to provide You the Services through the end of the period for which fees have been paid. 4.4. Upon termination of the Agreement, (a) You will pay to SmartScreen any unpaid fees or other amounts that have accrued prior to the effective date of the termination, (b) any and all liabilities accrued prior to the effective date of the termination will survive and (c) You will discontinue all use of the Services. If the Agreement is terminated by You for SmartScreen's material breach in accordance with Section 4.2, You will receive a pro-rata refund of the license fees prepaid for use of the Services not yet furnished as of the termination date. All provisions of the Agreement that, by their nature, are intended to survive termination (including those related to confidentiality, indemnification and limitations on liability) will remain in effect.

5. CONFIDENTIALITY. 

5.1. For the purpose of the Agreement, "Confidential Information" means non-public information of SmartScreen or You disclosed by either party to the other party,

either directly or indirectly, in writing, orally or by inspection of tangible objects, or to which the other party may have access, which (a) a reasonable person would consider confidential or

(b) is marked "confidential" or "proprietary" or some similar designation by the disclosing party. Confidential Information will not, however, include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party other than as a result of a violation of the Agreement by the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party, as shown by the receiving party's files and records; (iv) is obtained by the receiving party from a third party without a breach of the third party's obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession. 5.2. The receiving party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Confidential Information and the parties' respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Confidential Information of the other party to those employees, advisors, agents and other representatives who

require access in order to perform its obligations hereunder and who agreed to be bound by these obligations of confidentiality and non-disclosure. 

6. THIRD PARTY SERVICES. 

The Services may contain links to, be accessed from or provide access to third- party services, products or software that integrate or interoperate with or provide ancillary services to the Services ("Third-Party Services"). These Third-Party Services do not constitute part of the Services, are provided for Your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for You. You access and use any Third-Party Service based on Your own evaluation and at Your own risk. You understand that Your use of any Third-Party Service is subject to that Third-Party Service's terms of use and privacy policies. If You use a Third-Party Service, You are responsible for reviewing, understanding and accepting the terms and conditions associated with its use. SmartScreen expressly disclaims all responsibility and liability for Your use of any Third-Party Services. The Services may contain features that enable Third- Party Services to be directly integrated into Your Account. To use these features, You will be required to register for or log into such Third-Party Services on their respective websites. By accessing/enabling a Third-Party Service within the Services, You authorize SmartScreen to pass Your log-in information to the Third-Party Service for this purpose. Unless otherwise expressly stated in Your Subscription Agreement, the pricing set forth therein does not include any fees that may be charged by third parties for the use of such Third-Party Services. For the avoidance of doubt, any changes to Third Party Services,

including their availability or unavailability, does not affect Your obligations under the Agreement, and You will not be entitled terminate the Agreement or to any reduction in fees, refund, credit or other compensation due to any such changes. 

7. DATA PRIVACY; STATISTICAL DATA; DATA EXTRACTS. 

7.1. The SmartScreen Privacy Policy is incorporated herein by reference and forms a part of the Agreement. You acknowledge and agree that: (a) you are a "business" or "controller" with respect to, and therefore responsible for, personal data collected on your Client Sites or uploaded to Your Account; and (b) SmartScreen collects information from Followers on Your Client Sites both (i) on Your behalf as a "service provider" or "processor" to You and (ii) on our own behalf as a "business" or "controller" (as "business," "controller," "service provider" and "processor" or equivalent terms may be defined under applicable data privacy laws. Each party to the Agreement will comply with all data privacy laws applicable to it with respect to the personal data collected or processed via the Services. You authorize SmartScreen to display a template privacy policy and template terms of service on Your behalf on Your Client Sites. You acknowledge that You are responsible for ensuring that any privacy policy made available on Your Client Sites (whether or not incorporating any templates offered by SmartScreen)

complies fully with applicable data privacy laws and accurately describes Your personal data practices and the processing of personal data contemplated by the Agreement. You undertake to carefully review any template privacy policy made available on Your Client Sites on your behalf and to amend any such policy as necessary to ensure that it accurately and comprehensively describes Your personal data practices and complies fully with applicable data privacy laws. SmartScreen makes no representations that any template privacy policy made available by SmartScreen to You will enable You to comply with Your obligations under applicable data privacy laws. You understand and accept that SmartScreen does not provide legal advice and is not authorized to do so. 7.2. You acknowledge and agree that SmartScreen may extract, compile, combine, synthesize, and analyze any non-personally and non- client identifiable data, or otherwise anonymized or deidentified data, or information resulting from Your use of the Services ("Statistical Data"). Statistical Data may be collected by SmartScreen for any lawful business purpose without a duty of accounting to You, provided that the Statistical Data is used only in an anonymized, deidentified, or aggregated form, without specifically identifying the source of the Statistical Data. On creation, SmartScreen will own all Intellectual Property Rights in the Statistical Data. 7.3. You acknowledge and agree that Your Client Sites cannot be migrated to another web hosting service. However, You can transfer Your Client Content and any images delivered to You pursuant to Section 8.1 below at any time during the Term. In addition, during the Term, You have the ability to export CSV files of the following data from

Your Account: (a) Your Followers' email, location, name, phone, birthday, follow date, import status, pops count and reviews count (to the extent that these data points have been collected from Your Followers); and (b) Your monthly online ordering reports (provided You are using the online ordering feature of the Services). You are responsible for exporting the foregoing data and transferring Your Client Content and any images delivered to You pursuant to Section 8.1 below out of Your Account prior to termination of the Agreement. SmartScreen will not transfer or FTP such data, content or images to another provider. Upon termination of the Agreement, SmartScreen has the right to delete Your Account and any associated data, content and images and SmartScreen will not be able to provide a copy of such data, content or images after such deletion has occurred. You acknowledge and agree that pops and reviews submitted by Followers via the Services are an integral feature of the Services and You are prohibited from copying them or displaying them outside of the Services. As between You and SmartScreen, all Intellectual Property Rights therein lie with SmartScreen and You are not entitled to a copy of pops and reviews after termination of the Agreement. 

8. ADDITIONAL TERMS. 

8.1. Photography. Unless otherwise set forth in the Your Subscription Agreement, SmartScreen's photography package comprises a photo shoot of up to 3 hours on-location at Your place of business. During the photo shoot, the interior and exterior of Your place of business will be photographed, as well as up to 20-25 items from Your menu, provided that all menu items are prepared and presented to the photographer in a timely manner. High resolutions images edited for color balance

and exposure as deemed necessary by the photographer in his/her artistic discretion will be delivered and hosted in Your Account within 2 weeks from Your photo shoot date. You will receive an unlimited, irrevocable, perpetual, non–exclusive, worldwide, royalty–free license to the images. You must notify SmartScreen at least 48 hours prior to Your scheduled photo shoot in order to reschedule or You forfeit the photography package and associated fees, which will not be refunded if previously paid or which will become immediately due and payable if not yet paid. 8.2. Online Ordering. You affirm that (a) SmartScreen does not control the products or services that You offer or sell via the online ordering feature of the Services and

(2) that SmartScreen is not a party to any transactions that occur therein. SmartScreen does not guarantee and disclaims any knowledge that Your customers possess the authority to make, or will complete, any online ordering transaction. 8.3. Online Ordering Fees. Payment processing for online ordering is a Third-Party Service provided by third-party payment processors (collectively, the "Third-Party Payment Processors"). SmartScreen charges a transaction fee per online order with payment processing (the "Online Ordering Fee"). The Online Ordering Fee is in addition to the recurring subscription fees and any one-time fees specified in Your Subscription Agreement and any fees the Third-Party Payment Processors charge You for their services. Certain Third-Party Payment Processors, including Stripe, Inc. and Square, Inc. and their respective affiliates, will remit the Online Ordering Fee directly to SmartScreen from the online order payments collected. If you use a Third-Party Payment Processor that does not remit the

Online Ordering Fee directly to SmartScreen, including Toast, Inc. and its affiliates, SmartScreen will charge Your Payment Method on a daily or weekly basis for the Online Ordering Fees incurred during such timeframe. By enabling online ordering with payment processing, You agree to the Online Ordering Fee and You authorize SmartScreen to provide the Third Party Payment Processors with such information as is necessary for them to provide the payment processing services and You agree to such Third Party Payment Processors' privacy policies, including, if applicable, https://stripe.com/privacy. You expressly acknowledge, agree and understand that SmartScreen is not and will not be liable for any sums that that Third Party Payment Processors fail to remit to You in connection with any online ordering transactions, and Your sole recourse will be directly against the applicable Third Party Payment Processor. You hereby fully, finally, and forever release SmartScreen from all claims arising out of a Third-Party Payment Processor's failure to remit payment in connection with any online ordering transactions. 8.4. Domain Name Acquisition. You agree to reimburse SmartScreen for any fees we incur to purchase domain names for Your Client Sites. Upon reimbursement, any such domain names become Your Client Content. 

9. WARRANTIES AND DISCLAIMER. 

9.1. Each party represents and warrants to the other that: (a) it has the legal power and authority to enter into the Agreement; (b) the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (c) no authorization or approval from any third party is required in

connection with such party's execution, delivery, or performance of the Agreement. 9.2. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN SECTION 9.1, SMARTSCREEN MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SMARTSCREEN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. SMARTSCREEN DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, THE SATURATION OF THE INTERNET NETWORK OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICES OR ITS USE, OR LOSS OF CONTENT ON YOUR CLIENT SITES OR THE SMARTSCREEN SITES NOT WITHIN SMARTSCREEN'S REASONABLE CONTROL. 9.3. SMARTSCREEN DOES NOT WARRANT THAT THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS THAT MAY BE APPLICABLE TO YOU, INCLUDING THE AMERICANS WITH DISABILITIES ACT OF 1990 ("ADA"). YOU UNDERSTAND THAT YOU ARE LIKELY TO CONSTITUTE A PLACE OF PUBLIC ACCOMMODATION UNDER THE ADA, AND YOUR CLIENT SITES MUST BE IN COMPLIANCE WITH THE ADA. YOU UNDERSTAND THAT WE DO NOT REPRESENT OR

WARRANT THAT THE SERVICES COMPLY WITH THE ADA'S REQUIREMENTS FOR WEBSITES. YOU REPRESENT THAT YOU HAVE MADE AN INDEPENDENT JUDGMENT REGARDING THE SERVICES' COMPLIANCE WITH THE ADA, AND YOU UNDERSTAND THAT WE ARE NOT RESPONSIBLE FOR LOSSES RESULTING FROM CLAIMS AGAINST YOU THAT YOUR CLIENT SITES OR THE SERVICES ARE NOT IN COMPLIANCE WITH THE ADA. YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF OUR SERVICES FOR YOUR PURPOSES. 

10. LIMITATION OF LIABILITY. 

10.1. NEITHER PARTY OR ITS AFFILIATES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, BUSINESS, OR DATA; BUSINESS INTERRUPTION; OR LOSS OF GOODWILL OR REPUTATION, REGARDLESS OF WHETHER THE PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR ANY LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 10.2. WITH THE EXCEPTION OF YOUR PAYMENT OBLIGATIONS AND INDEMNIFICATION OBLIGATIONS UNDER THE AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF EITHER PARTY AND ITS RESPECTIVE AFFILIATES OF ALL KINDS ARISING OUT OF OR RELATED TO THE AGREEMENT, (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR

EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT PAID AND AMOUNTS ACCRUED BUT NOT YET PAID BY YOU TO SMARTSCREEN DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION). 10.3. EACH PROVISION OF THE AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THE AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY SMARTSCREEN TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 10.4.

Notwithstanding any provision of these TOS, if Your jurisdiction has provisions specific to waiver or liability that conflict with the above then each party's liability is limited to the greatest extent permitted by law. 

11. INDEMNIFICATION.

11.1. SmartScreen will, at its expense, defend You from or settle any claim, proceeding, or suit ("Claim") brought by a third party against You alleging that the Services infringe or misappropriate any Intellectual Property Rights of any third party, and indemnify You from all damages, costs, and attorneys' fees finally awarded in any such Claim or paid to any third party to settle any such Claim. SmartScreen's obligation under this Section 11.1 is contingent on: (a) You giving SmartScreen prompt written notice of the Claim; (b) You granting SmartScreen full and complete control over the defense and settlement of the Claim; and (c) You providing

assistance in connection with the defense and settlement of the Claim as SmartScreen may reasonably request, at SmartScreen's cost. You will not defend or settle any Claim eligible for indemnification under this section without SmartScreen's prior written consent. In case of such a Claim, SmartScreen may, at its sole expense and option (i) obtain for You the right to use the allegedly infringing portions of the Services or (ii) modify or replace the allegedly infringing portions of the Services so as to render them non-infringing without substantially diminishing or impairing their functionality. If SmartScreen determines that the foregoing remedies are not commercially reasonable, then SmartScreen may terminate the Agreement and will promptly provide a prorated refund to You for any prepaid fees received by SmartScreen for any Services that have not yet been performed at the time of termination. This Section 11.1 states SmartScreen's sole and exclusive liability, and Your sole and exclusive remedy, for the actual or alleged infringement or misappropriation of any third-party Intellectual Property Right by the Services.

SmartScreen will have no obligation under this Section 11.1 for any infringement or misappropriation to the extent that it arises out of or is based upon (1) use of the Services in combination with other products or services if such infringement or misappropriation would not have arisen but for such combination; (2) any aspects of the Services that are provided to comply with designs, requirements, or specifications required by or provided by You, if the alleged infringement or misappropriation would not have arisen but for the compliance with such designs, requirements, or specifications; (3) Your

failure to use the Services in accordance with the Agreement, if the infringement or misappropriation would not have occurred but for such failure; or (4) any modification of the Services not made or authorized in writing by SmartScreen where such infringement or misappropriation would not have occurred absent such modification. 11.2. You will defend SmartScreen and its officers, directors, employees, agents, successors and assigns from any third party Claim arising out of or based upon (a) Your breach of any of Your obligations under the Agreement, (b) Your use of the Service, or (c) any of the exclusions stated in Section 11.1, and indemnify SmartScreen from all damages, costs, and attorneys' fees finally awarded in any such Claim or all amounts that You agree to pay to any third party to settle any such Claim. Your obligation under this Section 11.2 is contingent on:

(i) SmartScreen giving You prompt written notice of the Claim;

(ii) SmartScreen granting You full and complete control over the defense and settlement of the Claim, provided that You may not settle or defend any Claim unless You unconditionally release SmartScreen of all liability and such settlement does not affect SmartScreen's business or Services; and (iii) SmartScreen providing assistance in connection with the defense and settlement of the Claim as You may reasonably request, at Your cost. SmartScreen will not defend or settle any Claim eligible for indemnification under this Section 11.2 without Your prior written consent. 

12. GENERAL. 

12.1. Amendment. SmartScreen may amend these TOS at any time by updating this page. Amendments will be binding on You on the date that they are posted (or as otherwise stated in any notice of such changes). Future performance by us of our obligations under the Agreement is

sufficient consideration for any such amendment. Any use of the Services will be considered acceptance by You of the then- current Terms. If at any time You find the Terms to be unacceptable, You may not use the Services any longer. Any new or different terms supplied by You are specifically rejected by SmartScreen unless SmartScreen agrees to them in a signed writing specifically including those new or different terms. 12.2.

Assignment. Neither party may assign its right, duties, and obligations under the Agreement without the other party's prior written consent, which consent will not be unreasonably withheld or delayed, except that a party may assign the Agreement without the other party's consent to a successor (including a successor by way of merger, acquisition, sale of assets, or operation of law) if the successor agrees to assume and fulfill all of the assigning party's obligations under the Agreement. 12.3. Waiver. The waiver by either party of the other party's breach of any provision of the Agreement does not waive any other breach by the other party. The failure of either party to insist on strict performance of any covenant or obligation under the Agreement will not be a waiver of such party's right to demand strict compliance in the future, nor will the same be construed as a novation of the Agreement. 12.4. Severability. If any provision of the Agreement is found to be unlawful, invalid or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of the Agreement are deemed to conflict with each other's operation, SmartScreen shall have the sole right to elect which provision remains in force. If any material limitation or restriction on the

use of the Services under the Agreement is found to be illegal, unenforceable, or invalid, Your right to use the Services will immediately terminate. 12.5. Notices. All notices will be in writing and deemed given (a) when received by the addressee if hand delivered or sent by a nationally recognized overnight courier or

(b) on the first business day after sending by email. Notices shall be sent: (i) with respect to You, to the mailing address provided by You in the Subscription Agreement or the email address at which SmartScreen primarily communicates with You at the time of the sending of the notice, unless You have notified SmartScreen in accordance with this Section 12.5 of a different email address for receipt of notices under the Agreement; and (ii) with respect to SmartScreen, to 5439 Cokesbury Road or the email address of the SmartScreen employee with whom You primarily communicate at the time of the sending of the notice, in each case with a copy to support@SmartScreen.com. 12.6. Force Majeure. Except for payment obligations hereunder, neither party will be liable for, or be considered to be in breach of the Agreement on account of, any delay or failure to perform any obligation under the Agreement where the delay or failure results from any cause beyond such party's reasonable control, including, without limitation, acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war, so long as that party uses all commercially reasonable efforts to avoid or remove the causes of non- performance. 12.7. Entire Agreement. The Agreement constitutes

the entire agreement between SmartScreen and You regarding the Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. 12.8. Export Controls; Anti-Bribery. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You represent that You are not named on any U

Privacy Policy

SmartScreen LLC (collectively, "SmartScreen", "we" or "our") provides this Privacy Policy to explain our data and security practices. This Privacy Policy describes the types of Personal Information we collect, the sources from which we collect it, how we use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of your Personal Information. The phrase "Personal Information" refers to information that personally identifies you, either directly or in combination with other information, such as your name, address, telephone number, email address, credit card number or other billing information. We also describe the measures we take to protect the security of your Personal Information and how you can contact us about our privacy practices. This Privacy Policy incorporates by reference the SmartScreen Client Terms of Service, if applicable to you. When you visit any subdomain of SmartScreen.com or download our mobile application (collectively, the "SmartScreen Sites") or visit sites of our clients built, hosted and/or powered by SmartScreen (collectively, the "Client Sites") or provide us with information, you consent to our use and disclosure of the information we collect or receive as described in this Privacy Policy. We provide you choices that allow you to control how we use and share your Personal Information. Please review this Privacy Policy periodically as we may update it from time to time to reflect changes in our data practices. We will post a notice on the SmartScreen Sites to notify you of any significant changes to our Privacy Policy and indicate at the bottom of the notice when

it was most recently updated. If we make material changes to the policy that will adversely affect previously collected Personal Information, you will be notified and provided an opportunity to consent to the different practices specified in the updated Privacy Policy. If you do not consent, you may delete your account and stop visiting or using the SmartScreen Sites and Client Sites. Your continued use of the SmartScreen Sites and Client Sites after we publish or send a notice about our changes to this Privacy Policy means that you are consenting to the updated Privacy Policy. Information We Collect SmartScreen collects information from visitors to the Client Sites ("Followers") both (a) on behalf of our clients as a "service provider" or "processor" for them and (b) on our own behalf as a "business" or "controller" (as "service provider," "processor," "business" and "controller" or equivalent terms may be defined under applicable data privacy laws). SmartScreen may collect the following types information from Followers: • Name, address, email address, telephone number, birthday, wedding anniversary, photograph. • Username and password for the account you may establish on a Client Site ("SmartScreen Follower Account"). If you create a SmartScreen Follower Account using your login from a third party site (such Facebook or Google), we will access and collect the information about you that your privacy settings on that third party site permits us to access so that we can create a SmartScreen Follower Account for you. • Ratings (known as "pops") and reviews you have posted on the Client Sites, as well as online orders you have placed on Client Sites that use the SmartScreen service's online ordering feature. • Information about the devices you use to

access the internet (such as the IP address and the device, browser and operating system type, user settings and other operating system support information). • Pages and URLs that direct you to the Client Sites, that you visited before you came to the Client Sites and that you exit to once you leave the Client Sites. • Dates and times of your visits to the Client Sites. • Information on actions you take on the Client Sites such as page views, time spent on those pages, information you search for on the Client Sites, site navigation patterns and other statistics. We may also visually record your interactions with the Client Sites. • A general geographic location (such as country and city) from which you access the Client Sites. • Search terms that you use to reach the Client Sites. SmartScreen may collect the following types of information from SmartScreen clients and potential clients and from visitors to the SmartScreen Sites: • Name, address, email address, telephone number. • Payment details (including payment card number, security code, expiration date, cardholder name and billing address) if you purchase our Services. • Username and password for your SmartScreen client account. • Information about the devices you use to access the internet (such as the IP address and the device, browser and operating system type, user settings and other operating system support information). • Pages and URLs that direct you to the SmartScreen Sites, that you visited before you came to the SmartScreen Sites and that you exit to once you leave the SmartScreen Sites. • Dates and times of your visits to the SmartScreen Sites. • Information on actions you take on the SmartScreen Sites such as page views, time spent on those pages, information you search for on the SmartScreen Sites, site

navigation patterns and other statistics. We may also visually record your interactions with the SmartScreen Sites. • A general geographic location (such as country and city) from which you access the SmartScreen Sites. • Search terms that you use to reach the SmartScreen Sites. Sources of Information We Collect We may obtain information about you directly from you via the SmartScreen Sites and the Client Sites, including forms you complete on said sites, or when you call or email us. We may also obtain information about you from our clients when they upload your information into their SmartScreen client account as a Follower. We may also obtain information about you as a potential client from third parties, your business website, social media sites and other publicly available sources. In addition, when you visit the Client Sites or the SmartScreen Sites, we may collect certain information by automated means, such as cookies and other similar technology or as provided to us by your device's operating system, as described in the "Cookies, Tracking Choices, and Third Party Advertisers" section below.

How We Use the Information We Collect We may use the information we obtain about you to: • Provide the SmartScreen services to our clients. o Please note that by providing your telephone number to a Client Site or in your SmartScreen Follower Account, you are agreeing to receive marketing communications via text/SMS from clients. These communications are powered by the SmartScreen service but the SmartScreen client, not SmartScreen, is the sole sender of these communications under applicable law. At any time you can reply "STOP" to any text/SMS communication from a specific client to stop receiving such communications from that client. •

Operate, maintain and manage the Client Sites and the SmartScreen Sites. • Monitor and analyze use of the SmartScreen Sites and the Client Sites and for such sites' technical administration, to increase such sites' functionality and user-friendliness, and to better tailor such sites to our visitors' needs. • Market the SmartScreen services to you. These communications will contain mechanisms for unsubscribing should you decide you do not want to receive further communications. • Register, manage and maintain your SmartScreen Follower Account or client account, as applicable. • Process, validate and deliver your purchase of the SmartScreen services (including by processing payment card transactions and contacting you about your purchase, including by telephone). • Provide administrative notices or communications applicable to your use of the SmartScreen services. • Respond to your questions and comments and provide customer support. • Manage your participation in our events and other promotions, where you have signed up for such events and promotions. • Operate, evaluate and improve our business and the services we offer. • Develop new services, including consumer services. • Analyze and enhance our and our clients' marketing communications and strategies (including by identifying when communications we or our clients have sent to you via the SmartScreen services have been received and read). • Analyze trends and statistics regarding visitors' use of the Client Sites and the SmartScreen Sites. • Analyze trends and statistics about the restaurant industry. • Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential

hackers and other unauthorized users. • Enforce the SmartScreen Client Terms of Service and SmartScreen Follower Terms of Service. • Comply with applicable legal requirements, court orders, legal proceedings, document requests, and industry standards and our policies. Information We Share SmartScreen does not sell your Personal Information. When you submit Personal Information on a Client Site, you provide that information to both SmartScreen and the client to which such Client Site belongs. SmartScreen is not responsible for what the client does with your information. You should review the privacy policy of the client or contact the client for information on their data practices to ensure that you are comfortable with how it intends to use and disclose your information. The Client Sites include a feature that enables Followers to submit pops and reviews on menu items. These pops and reviews are intended for public consumption and are therefore viewable by the public. We may also publicly display the name or handle and photo associated with your SmartScreen Follower Account by any reviews you submit. We may share Personal Information with our service providers that help us in the delivery of our services. These service providers are required by contract or law to only use or disclose the information as necessary to perform services on our behalf or as otherwise required by law. Where we have knowledge that a service provider is using or disclosing

Personal Information in a manner inconsistent with this Policy, SmartScreen will take reasonable steps to prevent or stop such improper use and/or disclosure. SmartScreen reserves the right to disclose without your prior permission any Personal Information about you or your use of the Client Sites and the SmartScreen Sites if we have a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of SmartScreen, our employees, our clients, other users of the Client Sites and the SmartScreen Sites, or the public; (b) enforce the SmartScreen Client Terms of Service or SmartScreen Follower Terms of Service; (c) comply with a legally valid request from a competent governmental authority; or (d) respond to claims that any content violates the rights of third- parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request. In addition, Personal Information we have collected may be passed on to a third party in the event of a merger, acquisition, transfer of ownership or assets, bankruptcy or other corporate reorganization of SmartScreen. Updating or Deleting Your Information If you have a SmartScreen Follower Account, you may update your name, email address, birthday and photograph, as well as manage your subscriptions to our clients' email marketing lists, by logging into your account from a Client Site and making the desired changes. You may request that SmartScreen delete your SmartScreen Follower Account and Personal Information by submitting a request to support@SmartScreen.com. In response to a deletion request, we may anonymize or deidentify your Personal Information where permitted by applicable law and we

may retain some of your information as required or permitted by applicable law. Analytics We may combine non-personally identifiable, or otherwise anonymized or de-identified, data about visitors to the Client Sites and the SmartScreen Sites ("Aggregate Data"). Aggregate Data is used to analyze the characteristics of various populations and does not identify any specific individuals. We may use and share Aggregate Data, as well as anonymized or de-identified data, with third parties for industry analysis, demographic profiling and other purposes, and to analyze and understand how the Client Sites, the SmartScreen Sites and the SmartScreen services are used and to improve their quality and value. We also use third party analytics services to help better understand the use of our sites, which is further described in the Cookies, Tracking Choices and Third-Party Advertisers section below. Cookies, Tracking Choices and Third-Party Advertisers A "cookie" is a small data file that websites send to a visitor's computer other internet-connected device to uniquely identify the visitor's browser or to store information or settings in the browser. Like many websites, we use cookies and other similar technology to understand how you interact with and use the Client Sites, the SmartScreen Sites and our services, and to ensure their proper functioning and efficiency. We use two types of cookies. We use persistent cookies to save information like your search preferences, your account settings and login information so that we can remember you and your settings when you return to the Client Sites and the SmartScreen Sites. We use session ID cookies to enable certain features of the Client Sites and the SmartScreen Sites, but unlike persistent cookies, session cookies are deleted

when you leave or log off from the such site or when you close your browser. Most internet browsers enable you to erase cookies from your device, block all cookies or prompt you before accepting a cookie. Please be aware, however, that some features of the Client Sites and the SmartScreen Sites may not function properly without cookies. We may also use third parties to collect usage analytics for the Client Sites and the SmartScreen Sites and our services. These third parties will place their own cookies to collect traffic and activity data in order to deliver us relevant metrics and information. We do not share any Personal Information of our users with these parties, but we may share anonymized or aggregated information with them to help improve the Client Sites and the SmartScreen Sites and our services. Third-party advertisers on the Client Sites and the SmartScreen Sites may also place or read cookies on your browser. These companies operate under their own privacy policies and we encourage you to be aware of the privacy policies of such companies. SmartScreen does not have control over or access to any information contained in the cookies that are set on your computer by third party advertisers. To help prevent and limit the automatic collection of information by any participating third party advertisers, including the collection of personally identifiable information about an individual's online activities over time and across third-party Web sites or online services, you may opt-out of such collection by clicking the Ad Choices icon located within the ad, by accessing the "about ads" opt-out site, or by accessing the NAI opt-out site. Please note that this opt-out is cookie-based. If you buy a new computer, change web browsers or delete this cookie, you will need to

perform the opt-out task again. California Privacy Rights and Disclosures Shine the Light. California law permits its residents to request and receive information about a business' disclosure of certain categories of Personal Information to other companies for their use in direct marketing. SmartScreen does not disclose your Personal Information to other companies for their use in direct marketing. CCPA Rights. This California Privacy Rights and Disclosure section addresses legal obligations and rights specified in the California Consumer Privacy Act, or CCPA. The categories of Personal Information we may have collected or disclosed about you in the past 12 months are described above. SmartScreen does not sell your Personal Information. California residents can submit a request to us for the following information: • The categories of your Personal Information that we've collected. • The categories of sources from which we collected Personal Information. • The business or commercial purposes for which we collected or sold Personal Information. • The categories of third parties with which we shared Personal Information. • The specific pieces of your Personal Information that we have collected. • The categories of third parties to whom we've sold Personal Information, and the category or categories of Personal Information sold to each. California residents also have the right to request the deletion of their Personal Information. Upon your request, we will delete the Personal Information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law;

or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us. In addition, California residents have the right to ask us not to sell their Personal Information, however, SmartScreen does not sell your Personal Information. To exercise your CCPA rights to make the above requests, call 1.844.767.6368 or visit  my-personal-info. This number will provide the mechanism for you to submit your request, including providing certain Personal Information we will use to verify your identity and the validity of your request. These requests are generally free. We will provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances. We are committed to providing you control over your Personal Information. If you exercise any of these rights explained in this section of the Privacy Policy, we will not disadvantage you. You will not be denied or charged different prices or rates for services or provided a different level or quality of services. International Data Transfers When we obtain Personal Information about you, we process and store the information in the United States, which may not have the same data protection laws as the jurisdiction in which you are located. By providing Your information to us you hereby affirmatively consent to the processing of your Personal Information in a country which may not have the same level of privacy protection as your country of residence. Should you withdraw this consent, you should request that

SmartScreen delete your information and account, if any, and you agree that you will not visit the Client Sites or the SmartScreen Sites or use the SmartScreen services subsequent to your withdrawal of such consent. Links to Other Sites. The Clients Sites and the SmartScreen Sites may contain links to third-party sites for your convenience and information. If you click on a third-party link, you will be directed to that third party's website. The fact that the Client Sites and the SmartScreen Sites link to a third-party website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. These third-party sites may have their own privacy notices, which you should review if you visit those sites. We are not responsible for the content or use of those sites, or those sites' privacy practices.

Security SmartScreen is committed to safeguarding your Personal Information. We employ reasonable administrative, physical and electronic measures designed to protect your information from accidental, unlawful or unauthorized access, disclosure, use, destruction, loss or alternation. However, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private or secure. You understand and agree that you assume all responsibility and risk for your use of the Client Sites, the SmartScreen Sites and the internet generally.

We will make any legally required disclosures of any breach of

the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (a) the legitimate needs of law enforcement or (b) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Children's Privacy The Client Sites and the SmartScreen Sites are not directed to children and we do not knowingly collect or solicit Personal Information from children under the age of 13. If we become aware that we have collected Personal Information from a child under the age of 13, we will delete such information from our files as soon as possible. Contacting Us If you have any questions about this Privacy Policy, please contact us via email using support@SmartScreen.com. Last Updated: March 25, 2024