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Privacy Policy

Updated September 4, 2015


What is the Purpose of this Privacy Policy?

Sonian, Inc. (“Sonian”) created this Privacy Policy to demonstrate our firm commitment to the privacy of our customers, resellers and affiliates. This Privacy Policy sets forth our practices regarding the gathering and dissemination of Information (as defined below).

How does Sonian define “Information” under this Policy?

In this Privacy Policy, “Information” means the following:

• Information collected from you through access to or use of Sonian’s websites; and

• If you are a current customer, reseller or affiliate of Sonian,

o Your Data, if and as such term is defined in your Master Service Agreement, Private Label Reseller Agreement, Affiliate Agreement or other agreement with Sonian (the “Agreement”);

o If your Agreement does not define the term “Data,” any information collected through your and your users’ access to or use of our platform or services (the “Services”), including as the term “Services” is defined in the Agreement.

If you have an Agreement with Sonian, (i) any conflict or inconsistency between this Privacy Policy and Sonian’s confidentiality obligations to you under the Agreement shall be resolved in favor of the Agreement and (ii) any reference to “you” in this Privacy Policy shall also refer to any individual or entity using Services under your account with Sonian.

By visiting our websites or using our Services, you accept and consent to the practices set forth in this Privacy Policy on behalf of you and your users.

What is the Scope of this Policy?

This Privacy Policy only covers Information collected by Sonian. Sonian’s websites may, from time to time, contain links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Sonian does not control and cannot accept any responsibility or liability for the policies and/or practices of any third-party websites with respect to any data or information that they collect from you. We recommend that you check the policies of each third-party website or service before you submit any data or other information to them.

What Kind of Information Does Sonian Collect?

Sonian may collect the following Information:

• Personally identifiable information (“Personal Information”) that you voluntarily provide when using our websites or Services, including contact information (e.g., email address, name, telephone number, home or work address, and ZIP code) and billing information (e.g., credit card number, bank account number and billing address) as well as non-personally identifiable information;

• Standard information sent by your browser during visits to our websites or your use of our Services without identifying you as an individual, including IP address, your computer’s operating system, language preference and browser type; and

• The Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the Site analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

• Information about general usage of our website collected by using a cookie file which is typically stored on the hard drive of your computer. Please see the “How Does Sonian Use Cookies” section below for a further explanation.

How Does Sonian Use Cookies?

When you access our websites or our services, we may send one or more cookies to your computer. By sending you cookies with values that are unique, we may be able to uniquely identify your web browser or device when you access our websites or our Services. We may use both “session” and “persistent” cookies to collect, store, and sometimes track various types of information. A session cookie is one that is intended to disappear after you close your browser. A persistent cookie remains after you close your browser (and may be used by your browser to identify itself when you later return to our websites or Services). Persistent cookies generally can be removed. We use cookies to retain your session states and to offer you a personalized experience on our websites and Services. You can review the “Help” file in your browsers or mobile devices to learn the proper way to modify your cookie settings. Please be aware, however, that the use of cookies is necessary for the use of the administrative control panels and certain other aspects of our websites and Services.

Interest-Based Advertising

When you visit one of our websites, advertising companies such as Google may place a cookie on your computer and may collect certain information about your use of our websites. These companies may use this information, as well as information they collect from your use of other websites, to display advertisements on the Internet about products and services they believe you may be interested in. You can learn more about this practice, and can learn about your choices with respect to the use of this information about you for customizing advertisements, at http://www.aboutads.info/choices/.

How Does Sonian Use, Store and Retain Information?

Sonian may use, store and retain Information in the following ways:

• To provide you with information regarding the status of your account, to determine your tax status, and to bill you for our Services;

• To provide you with information and Services that you request from Sonian and to carry out Sonian’s obligations arising from any agreement entered into between you and Sonian, including the Agreement;

• To administer, test, analyze and improve Sonian’s Services and to facilitate marketing, including providing you with information about available Services and related products and services;

• To gather broad demographic and statistical information, and other non-personally identifiable information, which Sonian may use for purposes such as understanding broad demographic trends and statistical information;

• To notify you about changes to the Services, welcome letters, billing reminders, technical notifications, security announcements; and

• For other purposes to which you may provide your consent.

If you are an existing customer, unless you ask Sonian to provide you with additional marketing information, we will only contact you by electronic means (e-mail or by posting to your account with Sonian).

We are committed to keeping Information no longer than necessary to achieve the purpose for which it was collected. However, some Information, including account and log information, may be retained indefinitely. Such Information shall continue to be subject to Sonian’s Privacy Policy after any termination of your account with Sonian.

How Does Sonian Access, Release and Disseminate Information?

Sonian will not disclose your Personal Information outside of Sonian without your prior consent unless it is:

• In response to subpoenas, warrants, government inquiries, court orders, or legal process, or to establish or exercise our rights to defend against legal claims, as determined by Sonian in each case;

• Disclosed to service providers and/or vendors who are engaged by Sonian to provide certain services to Sonian and in connection therewith are required to have access to your Personal Information; provided however, with respect to any Personal Information that is subject to Sonian’s Safe Harbor certification, the applicable provider and/or vendor will be required to first enter into a Safe Harbors-compliant onward transfer agreement;

• If we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, safety of person or property, violation of our policies, or as otherwise required by law (this includes exchanging information with other companies and
organizations for the purposes of fraud protection and credit risk reduction); and

• If Sonian, any of its websites or Services or a related asset or line of business is acquired by, transferred to, or merged with another company.

What if I am Located within the European Economic Area or Switzerland?

If you are located within the European Economic Area (“EEA”) or Switzerland, your Sonian archive account and associated email data and metadata will be stored within data centers located in the EEA. However, certain information, including your account or user information (email addresses, names and phone numbers) may be transferred to the United States for processing If Sonian transfers your Information outside of the EEA or Switzerland in this way, it will take steps to ensure that your privacy rights continue to be protected. In addition, if you access our websites or Services while you are outside of the EEA or Switzerland, your Information may be transferred outside of the EEA or Switzerland in order to provide you with such access.

With respect to transfers of Personal Information from countries located within the European Union and Switzerland, Sonian adheres to the European and Swiss Safe Harbor Framework regarding the collection, use, and retention of Personal Information collected from residents of countries located within the European Union and Switzerland. Sonian’s Safe Harbor Privacy Statement is available at http://www.sonian.com/safeharbor_privacypolicy/. In addition, for more information and to view Sonian’s certification, please visit http://www.export.gov/safeharbor. The data controller for the Personal Information that is collected pursuant to this Privacy Policy is Sonian.Net, Inc., 3 Allied Drive, Suite 155, Dedham MA 02026. Please see the “Questions Regarding this Privacy Policy” section below.

Is My Information Secure?

Sonian takes reasonable steps in an effort to ensure that your Information is treated securely and in accordance with this Privacy Policy. Sonian has security measures in place to help protect against the loss, misuse, or alteration of the Information under Sonian’s control. Your contact and financial information is submitted via a secure (HTTPS) connection and stored in the Sonian database protected by a firewall. Any payment transactions will be encrypted using SSL technology.

Although Sonian uses reasonable efforts to protect your Information, transmission via the Internet is not completely secure. Therefore Sonian cannot guarantee the security of your Information transmitted using our websites or Services and any transmission is at your own risk.

How Do I Terminate or Opt-Out?

You have the right to request that Sonian not contact you or use your Information for purposes which are not reasonably necessary for the administration of our websites and/or the provision of Services. If you wish to exercise this opt-out right or to terminate your account, please contact Sonian at 3 Allied Drive, Suite 155, Dedham MA 02026. You may also send an email to privacy@Sonian.com or access any available termination or opt-out features in the administrative control panel for your Account.

Please note that you cannot unsubscribe from certain correspondence from us regarding our provision of Services to you, including messages relating to your account. In addition, certain Information may be required in order to use our websites or Services; as such, the only practicable method to opt out of providing Information in connection with the use of those websites or Services would be to refrain from subscribing to or using those websites or Services.

If you have any questions about this Privacy Policy, the privacy practices of our websites or Services, or your dealings with our websites or Services, please feel free to contact us.

You may also revise your contact and financial information or terminate your account through the administrative control panel for your Account.

Questions Regarding this Privacy Policy

In compliance with the US-EU and US-Swiss Safe Harbor Framework, Sonian commits to resolve any complaints concerning the privacy, collection and/or use of Information that is subject to the US-EU and US-Swiss Safe Harbor Framework in accordance with our commitments under such frameworks. Residents of Switzerland or a country that is part of the European Union who have inquiries or complaints regarding this privacy policy or the Information practices of Sonian should first contact Sonian at:

Privacy Officer
3 Allied Drive
Suite 155
Dedham, MA 02026

How is this Privacy Policy Updated?

Sonian reserves the right to change this Privacy Policy at any time. Any changes to the Privacy Policy will be posted to at least one of our websites, including at http://sonian.com/privacypolicy/.

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