SCOPE

This Privacy Policy applies to personal information gathered by Pagoda while you use, interact or otherwise transact on the Website, including any interaction with applications hosted on the Website.

CHANGES TO OUR PRIVACY POLICY

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Policy if you continue to use our Website after the new Policy takes effect.

PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depends on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you access our Website, and information from other sources such as third-party services and organizations as described below.

Information You Provide to Us Directly

• Your Communications with Us. We may collect personal information such as email address, phone number, or mailing address when you request customer or technical support, apply for a job, or otherwise communicate with us via the Website;
• Job Applications. We may post job openings and opportunities on our Website. If you reply to one of these postings through a hyperlink on the Website, you will be directed to a third-party service provider who will collect your personal information including but not limited to your employment application, Resume/CV, and/or cover letter, and we will collect and use this information to assess your qualifications.

Information Collected Automatically

• Automatic Data Collection. We may collect certain information automatically when you use our Website, such as server logs, your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), internet service provider, and certain metadata associated with that information. We may also automatically collect information regarding your use of our Website, such as pages that you visit before, during, and after using our Website, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Website;
• Cookie Policy for Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Website, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Website. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience. A pixel tag (also known as a web beacon) is a piece of code embedded in our Website that collects information about engagement on our Website. Our uses of these Technologies fall into the following general categories:
• Operationally Necessary. This includes Technologies that allow you access to our Website, applications, or tools on the Website that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;
• Performance-Related. We may use Technologies to assess the performance of our Website, including as part of our analytic practices to help us understand how individuals use our Website (see Analytics below);
• Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Website. This may include keeping track of your specified preferences, interests, or past items viewed;
• Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests on our Website or on third-party websites linked to our Website.
• Analytics. We may use our Technologies and other third-party tools to process analytics information on our Website. These Technologies allow us to process usage data to better understand how our Website functions.

HOW WE USE YOUR INFORMATION

We use your information for a variety of business purposes, including to provide our Website and for administrative purposes as described below.

Website

We use your information to fulfill our obligations to you when you use the Website, such as:

• Answering requests for customer or technical support; and
• Communicating with you about policy changes.

Administrative Purposes

We use your information for our legitimate interest, such as:

• Pursuing network and information security and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• Improving, upgrading, or enhancing our Website;
• Sharing information with third parties as needed to provide the Website;
• Enforcing our Website policies; and
• Other uses as required to comply with our legal obligations.

HOW WE DISCLOSE YOUR INFORMATION

We disclose your information to third parties for a variety of business purposes related to the operation of our Website as described below.

Disclosures to Provide our Website

The categories of third parties with whom we may share your information are described below.

• Third Party Websites and Applications. You may choose to share personal information or interact with third-party websites and/or third-party applications. Once your personal information has been shared with a third-party website or a third-party application, it will also be subject to such third party’s own privacy policy. We encourage you to closely read each third-party website or third-party application privacy policy before sharing your personal information or otherwise interacting with them. Please note that we do not control and we are not responsible for the third-party processing of your personal information.
• Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Website. This includes service providers that provide us with IT support, compliance screening, hosting, and customer service.
• Affiliates. We may share your personal information with members of our corporate family.

Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we in good faith believe doing so is required or appropriate to: comply with domestic or international law enforcement, national security, regulatory requests and / or legal process such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices

The privacy choices you may have about your personal information are determined by applicable law and are described below.

• Cookies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Website may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
• The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
• Please note you must separately opt out in each browser and on each device.

Your Privacy Rights

In accordance with applicable law, you may have the right to:

• Access Personal Information about you including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; or (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (aka the right of data portability);
• Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
• Request Deletion of your personal information;
• Request Restriction or Object to our processing of your personal information, including where the processing of your personal information is based on our legitimate interest (unless not allowed by law) or for direct marketing purposes; and
• Withdraw Your Consent to our processing of your personal information when applicable. Please note that your withdrawal request will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

SECURITY OF YOUR INFORMATION

We take steps designed to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Website or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”) and California Privacy Rights Act (“CPRA”). Pagoda does not believe it is subject to the CCPA or CPRA. That said, Pagoda provides this supplemental notice for purposes of transparency. The CCPA and CPRA provide California residents with the right to know what categories of personal information Pagoda has collected about them and whether Pagoda disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months.

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information we Collect” and “How We Use of Your Information” above respectively.

“Sales” of Personal Information under the CCPA and CPRA. For purposes of the CCPA, Pagoda does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Additional Privacy Rights for California Residents

• Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA and CPRA.
• Authorized Agent. Only you or someone legally authorized to act on your behalf may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth in “Contact Us” below.
• Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you. If you are a California resident and would like to exercise any of your rights under the CCPA or CPRA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.
• Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly viewable portions of the Services by contacting us directly as set forth in “Contact Us” below.

SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us as set forth in “Contact Us” below with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

SUPPLEMENTAL NOTICE FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM AND SWITZERLAND

If you are an individual residing in the European Economic Area (EEA), United Kingdom, or Switzerland, you are considered a Data Subject and your personal data is governed by the GDPR. Pagoda is a Controller as defined under the GDPR, and we are required to have a legal basis to process your personal data (PII). We process your PII pursuant to one or more of the following criteria:

• Processing is necessary for our legitimate interests (or those of a third party) and your personal interests and fundamental rights do not override those interests;
• To fulfill contractual responsibilities (for example our Terms of Service);
• To comply with a legal obligation; or
• Because we have your consent to do so.

B. Under the GDPR you have certain rights as a Data Subject:

• You have the right to be informed, including the right to be informed about what we are processing, why we are processing it, and any party who we have transferred your data to while you were accessing our Website;
• You have a right to access your data and ask what data is being collected by Pagoda;
• You have a right to rectification and may request that your data be corrected or amended if the data Pagoda has is incorrect;
• You have the right to be forgotten and to request that your data be deleted in the event that such data is no longer required for the purpose it was collected, your consent for the processing of your personal data is withdrawn, or your personal data is being unlawfully processed;
• You have the right to restrict processing of your data and to ask for a temporary halt to the processing of your data. Examples of this restriction on processing may include cases where a dispute is present or legal case is ongoing, or where data is being corrected;
• You have a right to data portability and to ask for your personal data to be given to you in a commonly used machine-readable format;
• You have the right to object to further processing of your personal data if such processing is inconsistent with the primary purposes for which it was collected;
• You have certain rights related to automated decision making and profiling and may request that certain decisions not be solely based on automated processing. Please note that this Website does not engage in automated decision making and profiling.

If you wish to learn more about your rights under this Privacy Policy, please contact us directly as set forth in the “Contact Us” section below.

SUPPLEMENTAL NOTICE FOR RESIDENTS OF CANADA

If you are an individual residing in Canada, please know that we collect, disclose, and use your personal information as required by law or with your consent. As noted above, we obtain your consent to use your personal information at the time we collect it, or if we have already collected it, then consent is collected prior to future use of your personal information unless otherwise required by law. Depending on the use case involving your personal information, consent can either be expressed or implied. You can withdraw your consent and we will comply with a request so long as it is feasible or otherwise not prohibited by law or subject to other legal or contractual restrictions. Withdrawing your consent may result in you not being able to use the Website. We make every effort to ensure that your personal information submitted to us is accurate and complete for the purpose for which it was collected. If you have reason to believe that the personal information submitted to us is not accurate, then please submit a request using the “Contact Us” section below. Please submit any request to delete your personal information as set forth below in the “Contact Us” section below. If you believe we have handled a request related to your personal information improperly, you have the right to make a complaint to the appropriate privacy commission or regulator.

CHILDREN’S INFORMATION

The Website is not directed to children under 13 (or other age as required by local law) and we do not knowingly collect personal information from children. We comply with all applicable privacy laws, including the Children’s Online Privacy Protection Act (“COPPA”). If you learn that your child has provided us with personal information without your consent, you may contact us as set forth in “Contact Us” below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information.

CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Pagoda Inc.
Attn: Legal and Compliance
Email: privacy@pagoda.co