Effective Date: November 29, 2021

Foresight Software, Inc. respects your privacy. This privacy policy applies to all of our online platforms, including our commercial website and application products, administrative tools, assessment portals and tools, and surveys, assessments, and questionnaires (our “Services”). This privacy policy describes what personal information we collect from you, how we use and share it, and your rights and choices regarding your information, including whether or not to share it with us. By accessing our Services, you agree to this privacy policy. If you do not agree to be bound by this policy, you may choose not to access or use our Services. Additional specific policies or agreements may apply to certain of our Services. If such policies or agreements conflict with this policy, the terms of those policies or agreements will prevail.

Types of Information We Collect

It is your decision whether to provide information that we request. Please know that, if you choose not to provide personal information, we may not be able to provide you with a relevant service or feature of our Services.

Below are the types of information we may collect about you.

Personal Information. Personal information is information that identifies or is capable of identifying you as an individual. We collect personal information from you when you voluntarily provide it to us, such as by creating a user account, ordering or subscribing to our products or services, participating in or completing a survey, assessment, or questionnaire, or corresponding with us. We also may collect personal information about you from your use of our products and services or through our partners and other publicly and commercially available sources. Personal information we collect from you may include:

• Contact information such as name, email address, mailing address and phone number;
• Log-in information such as username, and password; and
• Other information you choose to provide, such as assessment responses, comments, questions, and requests. You agree not to provide through use of our Services any sensitive personal information, including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality.

Cookies and Similar Technologies. We and our partners use cookies and similar technologies on our Services. Cookies are text files we place on your computer or device browser to store your preferences. Information that may be collected through the use of these technologies includes the Internet Protocol address automatically assigned to your computer, your browser type, the date and time of your visit, the pages you visit and the amount of time spent on each, your device’s operating system, your mobile device identifier, your geographical area, referring URLs, and other information on your interaction with our Services. Please see our Cookies Policy to learn how we use cookies, how our partners may use cookies on our Services, your choices regarding cookies and further information about cookies. You can modify your cookie settings or turn off all or certain types of cookies by adjusting your browser settings. Please note, however, that if you delete or turn off cookies, you may not have access to some of the features that make your experience on our Services smoother, you may not be able to store your preferences, and some of our Services may not function properly.

Aggregate and Anonymous Information. Sometimes we use aggregate or anonymous information. Anonymous information is data where all information that enabled you to be identified has been removed. Aggregate information is anonymous data collected about a group of users or other categories. Your personal information is not included in aggregate or anonymous data. We may use this type of information, for example, to help us understand trends and your needs and preferences and to improve our Services. This policy does not restrict our use of aggregate and anonymous information.

Email Communications. We may use your email for promotional purposes (e.g., new product offerings, special offers by us or other third parties). If you send an email to us, we may collect your email address and the full content of your email, including attached files, and other information you provide. You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly using the contact information below. You acknowledge that it may take up to 10 days for us to process an opt-out request. Please note, however, that you cannot opt out of receiving transactional emails related to your account with us.

How We Use Your Information

We may use your information in the following ways:

• To communicate with you regarding your account or subscription;
• To respond to your service requests;
• To improve the content of our Services;
• To customize our Services for each individual visitor;
• To notify you about updates to our Services;
• To respond to correspondence we receive from you; and
• To serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorized or required by law.

Disclosure of Your Information

We will not trade, sell or share your personal information for use by any business without your consent, unless required by law or as disclosed to you when the information is collected. We only share your personal information in accordance with applicable law. We may share your personal information with others in the following instances:

• When legally required to do so;
• At the request of governmental authorities conducting an investigation;
• To verify or enforce compliance with the policies governing our Services and applicable laws or to protect against misuse or unauthorized use of our Services; and
• To a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change. Should such a sale occur, we will use reasonable efforts to direct the transferee to use your information in a manner that is consistent with our privacy policy.

International Transfers of Personal Information

Our Services are based in the United States of America and are subject to the laws of the United States. If you are a user outside of the United States, please know that any information you provide on our Services may be transferred to the United States, which does not offer an equivalent level of protection to that required in certain other countries. We may transfer your personal information to third parties in other countries for the purposes described in this policy. Some local privacy laws may require us to obtain your consent before we transfer your information from your originating country to other countries. When you agree to this policy, you are, to the extent required and permitted under your local law, granting your consent to the transfer of your personal information to such other countries for the purposes described in this policy.These countries may not have the same data protection laws as the country in which you initially provided the information. We take steps to ensure that it is adequately protected in compliance with applicable laws, including ensuring appropriate security measures are in place and requiring the third parties to protect your personal information in accordance with this policy, or obtaining your consent where required. When we transfer personal data from the European Economic Area, we will ensure such transfers are in compliance with relevant data protection laws, including the European General Data Protection Regulation (GDPR).

How We Protect Your Information

We implement a variety of security measures when you enter, submit, or access your information to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. You should be aware that such security measures cannot prevent all loss, misuse or alteration of personal information, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of personal information that may affect you so that you can take the appropriate actions to protect your rights.

How Long We Retain Your Information

We retain your information only as long as necessary to provide our Services to you, enhance your user experience, and otherwise as necessary for our operations or as permitted or required by applicable laws.

Legal Basis for Use of Your Personal Information (GDPR)

The General Data Protection Regulation, or GDPR, governs privacy practices involving individuals in the European Union and the European Economic Area and certain other transactions related to those areas. If the GDPR applies to your personal information that we have collected, our legal basis for collecting and using your personal information will depend on the personal information concerned and the context in which it is collected, including legitimate business purposes, as necessary to provide products and services to you or respond to your inquiries and requests, with your consent, to comply with applicable laws, or when there is a legitimate and overriding interest that necessitates the use.

Children’s Privacy

Our Services are not intended for or designed to attract children under the age of 18, and we will not knowingly solicit or collect personal information from children we actually know are under 18.

Links to Third-Party Sites and Features

Our Services may include links to or direct you to other websites. Our Services also may allow you to use certain features and plug-ins that integrate third-party social media sites and other third-party features and tools. This Privacy Policy applies to any personal information you provide with purchases, subscriptions, and interactions made directly through our Services. In the event you are directed to a third-party site to initiate your transaction, the third-party site will be clearly identified and link to its own privacy policy and terms of use. Once you leave our Services and are directed to another site or application, however, this policy and our Terms of Use no longer apply and the terms and policies on such third-party site apply. You have the choice whether to access the links to these sites or activate the features.

Third-Party Vendors

We may share your personal information with third-party agents, contractors, service providers, and suppliers who assist in providing support and services to our entities. When we do so, we require those third parties to protect your personal information in accordance with this policy and applicable laws.

How to Access and Control Your Information

You may contact us to request a copy of the information we have collected about you, request to correct or update any information we have about you, or request deletion of your account or personal information. Following a request for deletion, we will delete your information unless required to retain it by applicable laws. We may also retain certain of your information if necessary for safety or security, fraud prevention, quality assurance, or other legitimate business interests, and only in accordance with applicable laws.

You may withdraw any consent you have granted to our collection and use of your personal information at any time, subject to our right to continue to use your personal information as permitted or required under applicable laws. Such withdrawal will not affect the lawfulness of our collection or use of your personal information prior to withdrawal.

Data Protection Rights of European Users

If you are located in Europe, please be aware that you may be entitled, under certain conditions, to the following additional rights with respect to your personal data:

• The right to request copies of your personal data from us;
• The right to request that we correct or complete your personal data that you believe is inaccurate or incomplete;
• The right to request that we erase your personal data;
• The right to request that we restrict the processing of your personal data;
• The right to object to our processing of your personal data; and
• The right to request that we transfer your personal data to another organization.
  
  

If you would like to exercise any of these rights, please contact us using the contact information provided below.

Modification of Our Privacy Policy

We may modify our privacy policy from time to time. When we modify our privacy policy, we will notify you by a posting on our Services. Any changes will become effective as of the date of posting with respect to information we then collect in the future. We will treat all personal information we collect, however, in accordance with the privacy policy in effect at the time the information is collected. We urge you to review this privacy policy often so you are always fully informed.

How to Contact Us

You can submit questions, comments, and complaints about our privacy policy and practices at the following:

Address: 500 Harpeth Trace Drive, Nashville, TN 37221
Email: privacy@gainforesight.co
Phone: +1 (615) 571-6976

Your Local Data Protection Authority

Under certain local laws, you may have the right to submit a complaint regarding our collection and use of your personal information to your local data protection authority. Please consult this link for further information: https://edpb.europa.eu/about-edpb/board/members_en

Cookies Policy

Effective Date: November 29, 2021

Foresight Software, Inc. uses cookies and similar technologies on our Services.

Our Cookies Policy explains what cookies are, how we use cookies, how third parties we may partner with may use cookies on our Services, your choices regarding cookies and further information about cookies.

What Are Cookies

Cookies are small text files placed on the computers and mobile devices of visitors to sites and applications on those devices. A cookie file is stored in your web browser and allows us or a third party to recognize you and make your next visit easier and the site or service more useful to you.

How We Use Cookies

We use cookies for the following purposes:

• To identify you when you visit us and to keep track of where you go so we can provide you with a personalized version of our Services;
• To enhance the functionality of our Services by storing your personal preferences;
• To provide you with product and service recommendations;
• To help us, and trusted third-party service providers on our behalf, to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future;
• To deliver content to you based on your preferences, interests, and behaviors;
• To improve our products and services and site performance; and
• To prevent fraudulent activity and improve security.

Below are the major cookies we use:

Third-Party Cookies

We also use third-party features and content on our Services. Those third parties may place cookies on our Services. We do not control the use of these cookies, so please check such third-party sites for more information about their cookies. Below are the major third-party services we use:

• Auth0
  
  

How to Manage Cookies

You can modify your cookie settings to modify or turn off all or certain types of cookies by adjusting your browser settings. Please see http://www.allaboutcookies.org/manage-cookies/index.html for information on how to adjust cookie settings on commonly used browsers. In addition, you can use your browser settings to have your computer warn you each time a cookie is being sent, to delete cookies, or to turn off all cookies. Please note, however, that if you delete or turn off cookies, you may not have access to some of the features that make your experience on our site smoother, you may not be able to store your preferences, and some of our services may not function properly.

California Privacy Rights

Effective Date: November 29, 2021

This statement of California Privacy Rights supplements our Privacy Policy and applies solely to residents of the State of California.As a California resident, you have additional privacy rights related to your personal information under California law, including the California Consumer Privacy Act (“CCPA”), as described below. Personal information under the CCPA is any information that can identify you or your household, either directly or indirectly, such as your name, address, telephone number, and email address (“Personal Information”).Any terms defined in the CCPA and not defined here have the same meaning when used here.

Shine the Light law

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using the information in the “How to contact us” section below.

What Personal Information we collect

We have collected Personal Information in the following categories marked by an “X” in the last 12 months:

X Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers;

___ Financial or health information: (examples: physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, financial information, medical information, health insurance information);

___ Characteristics of protected classifications under California or federal law;

___ Commercial information, including records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies;

___ Biometric information;

X Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement;

___ Geolocation data (information that can be used to track an electronic device’s location);

___ Audio, electronic, visual, thermal, olfactory, or similar information;

___ Professional or employment-related information;

___ Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99).

___ Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We collect your Personal Information from both you and through our partners and other publicly and commercially available sources as well as through the use of cookies. You can read more about our use of cookies in our Privacy Policy and our Cookie Policy.

How we use your Personal Information

We use your Personal Information for the following business purposes if marked by an “X”:

___Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

___Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

___Debugging to identify and repair errors that impair existing intended functionality.

X Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.

X Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.

X Undertaking internal research for technological development and demonstration.

___Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

For all categories of Personal Information collected, we disclose such information to our service providers and other third parties to help us accomplish the business purposes described above and as further outlined in our Privacy Policy.

Personal Information Requests

As a California resident, you have the right to request certain information regarding our use of your Personal Information, including the following:

• The different categories of Personal Information we have collected about you during the last 12 months and the categories of sources from which that information was collected;
• The business or commercial purpose for collecting or selling your Personal Information;
• The categories of third parties with whom we shared your Personal Information;
• Whether we have disclosed or sold your Personal Information to a third party for a business or commercial purpose during the last12 months and the categories of the Personal Information disclosed or sold; and
• The specific pieces of Personal Information we have collected about you.

To submit a request for Personal Information, you must submit a Verifiable Consumer Request following the procedures described in the Verifiable Consumer Request Procedures section below. You may submit a Personal Information request up to twice during a 12-month period.

Selling or sharing of personal information

As a California resident, you have the right to request that we not sell your Personal Information. Please note that we do not, and will not, sell your Personal Information to third parties.

Right to request deletion of personal information

As a California resident, you have a limited right to request that we and all of our service providers delete your Personal Information. You must do so by submitting a Verifiable Consumer Request to delete your Personal Information following the procedures described in the Verifiable Consumer Request Procedures section below. Upon receipt and confirmation of the Verifiable Consumer Request, we will delete your Personal Information from our systems and direct our service providers to do the same at no cost to you. There are exceptions to this right. We may retain your Personal Information for any of the following reasons:

• To provide goods or services to you as a consumer;
• To detect and resolve issues related to security or functionality;
• To comply with legal obligations;
• To conduct public interest research;
• In the exercise of free speech or the free speech of others; and
• For use in internal work processes and purposes that you would reasonably expect based on your relationship with us.

If we determine that we will not delete your Personal Information when you request us to do so, we will inform you and tell you why we are not deleting it.

Non-discrimination

We will not discriminate against you for the exercise of your rights under the CCPA. We will not deny you goods or services, charge a different rate or price to you, or supply a different level or quality of goods to you. We may, however, offer different prices, levels of service or quality to those who share their Personal Information based on the value of the Personal Information provided as permitted by law.To the extent certain of our services require your Personal Information and you choose not to provide the necessary Personal Information, you may not be able to use those services.

Verifiable consumer request procedures

In order to submit a Verifiable Consumer Request, please submit your name, customer or accountemail address, and a description of your request with sufficient detail that allows us to properly understand, evaluate, and respond to itat:

Address: 500 Harpeth Trace Drive, Nashville, TN 37221
Email: privacy@gainforesight.co
Phone: +1 (615) 571-6976

If you maintain an online account with us, we may verify your identity for a request through the normal account authentication process, meaning you will need to sign on with your username and password.

You may assign a designated agent to make a request on your behalf. If you wish to do so, you will need to appoint the designated agent in writing and we may require a copy of that writing before allowing any request submitted by your designated agent.

If we are unable to confirm your identity or authority to make the request, we may contact you for additional information or deny your request. We will inform you if we cannot verify your identity or authority. We will only use Personal Information provided in a Verifiable Consumer Request to verify your identity or authority to make the request.

We will respond to the request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.The information may be delivered through your account, or, if you do not maintain an account with us,by mail or electronically at your option, and if provided electronically, the information will be in a portable and, to the extent technically feasible, readily useable format that allows you to transmit the information to another entity without hindrance.

We are not required to respond to requests to provide Personal Information to you more than twice in any 12-month period. Any disclosures we provide will only cover the 12-month period preceding the receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

In responding to your request, we are not permitted to disclose or provide you with your Social Security Number, Driver’s License Number, or other government issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers.

Do not track

We currently do not respond to any Do Not Track signals or similar signals.

Additional rights

The rights set forth here are in addition to the rights contained in our Privacy Policy. In the event the rights here conflict with those contained in our Privacy Policy, the portion that provides you with the most protection with regard to your Personal Information will prevail.

How to contact us

If you have any questions or concerns, please contact us at:

Address: 500 Harpeth Trace Drive, Nashville, TN 37221
Email: privacy@gainforesight.co
Phone: +1 (615) 571-6976