This Privacy Policy (“Policy”) explains how UNIFI Labs, Inc., (“UNIFI”) collects, uses, and discloses your information when you use our cloud-based building information modeling (“BIM”) data warehouse service known as Unifi (the “Service”), which is accessed via the web site www.unifilabs.com (the “Site”) (collectively, the Service and the Site are referred to as “Platform”).

By using our Platform, you agree that any information that we collect from or about you through our Site or Services, including personal information, anonymous information, and aggregate information, will be handled as described in this Policy.

Your use of our Platform, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. Our Terms of Use are incorporated by reference into this Policy.

WHY DO WE COLLECT INFORMATION?

UNIFI collects information, including Personal Information, and data in order to provide you with access to and use of the Platform. We also collect information to refine the Platform and to develop de-identified, aggregate information and reports that we use internally and provide to third parties. Finally, we may need to collect information for our internal business and risk management purposes, such as responding to claims of copyright infringement or other legal claims.

WHAT INFORMATION DO WE COLLECT?

We collect information directly from you, from others, as well as automatically through your use of the Platform.

Account Information. We offer two different types of subscriptions, each of which require different types of information.

· Individual Accounts. We offer accounts and subscriptions for individual users (“Individual Accounts”). When you create an individual account, we may collect additional information from you that personally identifies you (“Personal Information”), such as your mailing address, telephone numbers (including mobile numbers), and fax numbers, along with payment information, such as a credit card or debit card number and your billing address (“Payment Information”).

· Enterprise Accounts. We also offer “Enterprise Accounts”, which are subscriptions where a larger entity (“Enterprise User”), such as an employer, enters into a Software as a Service License and Master Hosting Agreement with UNIFI, allowing for a certain number of users designated by the Enterprise User (each an “Authorized User”) to access and use the Platform. For Enterprise Accounts, we typically will collect Payment Information directly from the

Enterprise User, as well as Personal Information for each Authorized User sufficient to establish secure login credentials for each Authorized User, including name, telephone number, and email address.

Location Information. If you use a mobile device to access the Platform, we will also collect information about your location, including, but not limited to geolocation information, cell tower, and Wi-Fi access point information. You may disable location services within the settings of your mobile device, but doing so may restrict the functionality of certain portions of the Platform. To disable location tracking, use the location settings function on your device.

Your Content. You may upload or transmit digital models, drawings, documents, graphics, photos, or other materials to the Platform (“Content”). For more information about how Content will be shared, see our How do we share or disclose your information? section below.

Information We Collect Automatically. When you visit or use any part of our Platform, including using the Site to learn about the Service, we collect certain types of information automatically.

· Device and Browser Data. When you visit our Site or access the Platform, we automatically collect your computer’s operating system, Internet protocol (“IP”) address, access times, browser type, and language. If you access the Platform using a mobile device, we will also collect your hardware model, operating system version, unique device identifier, unique application identifier, software, and mobile network information, including your mobile phone number.

 

· Activity and Usage Data. We also track information about your usage of the Platform. For example, we track the pages you view and the links you click, your internal and external search activities, including types and categories searched, and the duration of your activities. In addition, we collect information about your activities with the Platform, such as BIM application/platform project identifiers, project structures, and project changes; bill of material items, quantities, and metadata; content submissions; content workflow; content grouping; content uploads; and content downloads.

Please see our What Types of Cookies and Tracking Mechanisms Do We Use? section below for more information on how we gather this information.

Information We Collect From Third Parties. From time to time we may supplement the information, including Personal Information, that we collect about you with information from other commercially available sources that we deem credible, such as business contact databases. For example, this helps us maintain the accuracy of the information we collect and keep in our records.

HOW DO WE USE THE INFORMATION WE COLLECT?

We use your information, including Personal Information, to contact you about administrative notices, community activity, product updates, offers and promotions, general news about UNIFI, or other information we think may interest you. You can manage your email preferences with respect to content and delivery or you may unsubscribe from all emails about UNIFI.

We also use your information, including Personal Information, to process orders and deliver a product or provide a service you have requested; to determine appropriate payment terms and enter into contracts with you; to provide you with billing information; to meet contract obligations; to provide you with product registration, activation, and technical and customer support; to allow you to create sign on credentials, personal profiles, and view Content; and for other customer support and service purposes.

We also use your information, including Personal Information, to protect our rights and interests as well as the rights and interests of our users and any other person, as well as to enforce this Policy and our Terms of Use; and to comply with applicable legal or regulatory obligations, including informal requests from law enforcement or other governmental authorities.

HOW DO WE SHARE OR DISCLOSE YOUR INFORMATION?

We may share your information, including Personal Information, with a third-party application or service with your consent, for example when you choose to access or interact with the Platform through a third party application or service. We are not responsible for what those parties do with your information, so you should make sure you trust the application or service, and that it has a privacy policy acceptable to you. We may also share your information, including Personal Information, as follows:

· With Consent. We may disclose your information with your consent.

· Service Providers. We may disclose your information to third party vendors, consultants and other service providers who work for us and need access to your information to do that work.

· Affiliates. We may disclose your information to any current or future affiliates or subsidiaries, including for research, marketing, and other purposes consistent with this Policy.

· Protecting Rights and Interests. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

· Legal Compliance. We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.

· Business Transfers. We may disclose your information in connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.

· Aggregate and De-Identified Information. We may also share aggregated or de-identified information, including as a result of selling, renting, or leasing aggregate usage information to any third party.

Depending on your sharing settings, if you post Content on our Platform, the Content, as well as other information, such as your user name, may be available to all visitors to our Platform, and we cannot prevent such information from being used in a manner that may violate this Policy, our Terms of Use, the law, or your personal privacy.

In the context of an onward transfer, a Privacy Shield organization has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party

acting as an agent on its behalf. The Privacy Shield organization shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

WHAT ABOUT LINKS TO THIRD-PARTY WEBSITES?

Our Platform may contain links to third-party websites and applications. Depending on the feature, your use of these other websites and platforms may enable them to place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. UNIFI is not responsible for the privacy practices of third parties. Be sure to review the privacy policies, supplemental notices, and settings of all websites, applications, or platforms that you visit so you can understand these practices and your options

WHAT ABOUT CHILDREN?

Our Platform is not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. If we discover that a child under 13 has provided us with Personal Information, we will promptly delete such Personal Information from our systems.

WHAT TYPES OF COOKIES AND TRACKING MECHANISMS DO WE USE?

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site or Platform. We or our service providers may combine this information with other information we collect about you.

Cookies. We may automatically collect information using “cookies.” Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Site and your experience. We use cookies to see which areas and features are popular and to count visits to our Site. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged in to the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, which may be combined with other user information.

Most web browsers automatically accept cookies, but if you prefer you can edit your browser options to block them in future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable their web browsers’ ability to accept cookies will be able to browse the Site; however, many site features, such as the ability to stay logged into your account, will not function if you disable cookies.

Web Beacons. We may collect information using Web beacons. Web beacons are electronic images that may be used via the Service or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive,

clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also known as web beacons, web bugs, or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

WHAT TYPES OF THIRD PARTY ANALYTICS DO WE USE?

We may use third party analytics companies, such as Google Analytics, to evaluate use of our Platform. We or our service providers use these tools to help us understand use of, and to improve, our Platform, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.

HOW DO WE RESPOND TO DO NOT TRACK SIGNALS?

Our Site does not respond to Do Not Track signals. For more information about Do Not Track signals, please go to https://allaboutdnt.com/

DO WE ENGAGE IN INTEREST-BASED ADVERTISING?

We use third parties such as network advertisers to serve advertisements on our Site and on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, Web beacons (including clear GIFs), Flash LSOs, or other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including Personal Information, about you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We take steps to help protect your Personal Information. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

PRIVACY SHIELD

Unifi Labs, Inc. complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. UNIFI Labs, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

UNIFI Labs, Inc. is subject to investigatory and enforcement powers of the U.S. Federal Trade Commission.

In compliance with the Privacy Shield Principles, UNIFI Labs, Inc. commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact UNIFI Labs, Inc. at: privacy@unifilabs.com

UNIFI Labs, Inc. has further committed to refer unresolved Privacy Shield complaints to JAMS (Judicial Arbitration and Mediation Services, Inc), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS (Judicial Arbitration and Mediation Services, Inc) are provided at no cost to you.

EU Persons may have the option to select binding arbitration under the Privacy Shield Panel for the resolution of your complaint under certain circumstances. For further information, please see the Privacy Shield website. To learn more about the Privacy Shield Framework at https://www.privacyshield.gov.

EU Persons whose personal information is covered by this Privacy Shield Policy have the right to access the personal information that UNIFI Labs, Inc. maintains about them to correct, amend or delete such personal information if it is inaccurate or has been processed in violation of the Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the Data Subject’s privacy, or where the rights of persons other than the Data Subject would be violated). Requests for access, correction, amendment or deletion should be sent to: privacy@unifilabs.com

If Personal Data covered by this Privacy Shield Policy is to be used for a new purpose that is materially different from that for which the Personal Data was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party, UNIFI Labs, Inc. will provide Data Subjects with an opportunity to choose whether to have their Personal Data so used or disclosed. To the extent required

by the Privacy Shield Principles, UNIFI Labs, Inc. obtains opt-in consent for certain uses and disclosures of Sensitive Data.

 

WHAT ARE MY CHOICES?

You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your contact preferences and changes to your information including requests to opt-out of sharing your Personal Information with third parties by emailing privacy@unifilabs.com.

You may update your Personal Information with us by logging in to your account and updating your profile information. We may maintain copies of any data you submit through the Platform, including any Personal Information that you have updated, as part of our business records.

WHAT ABOUT INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION?

YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO AND PROCESSED IN THE COUNTRY IN WHICH IT WAS COLLECTED AND IN OTHER COUNTRIES, INCLUDING THE UNITED STATES AND OTHER JURISDICTIONS IN WHICH WE OR OUR SERVICE PROVIDERS OPERATE, WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS PROTECTIVE THAN THE LAWS IN YOUR COUNTRY. YOU EXPRESSLY AGREE THAT YOUR PERSONAL INFORMATION AND ANY OTHER PERSONAL INFORMATION COLLECTED BY US RELATED TO YOUR USE OF THE PLATFORM MAY BE TRANSFERRED TO AND PROCESSED IN THE UNITED STATES AND IN ANY OTHER JURISDICITON IN WHICH WE OPERATE.

HOW WILL I KNOW ABOUT CHANGES TO THIS POLICY?

We may change this Policy from time to time so please be sure to check back periodically. If we make any changes to this Policy, including any material changes, we will post those changes to our Platform and change the “Last Updated” date above.

HOW CAN I CONTACT UNIFI?

If you have any questions about this Policy, please contact us at:

: privacy@unifilabs.com