FOCUS451, Inc. PRIVACY POLICY

Last updated: May 1st, 2023

FOCUS451, Inc. (“FOCUS451,” “we” or “us”) has implemented this Privacy Policy (“Privacy Policy”) for its FOCUS451.com website (including all areas of the site) (the “Website”), applications and software provided online and made available offline through or in connection with the service, including through a mobile device (collectively, the “Service”) to provide our registered users (“Clients”) and unregistered users and visitors (“Users”) (our Clients and Users collectively, “you”) information regarding the collection and use of your information on the Service, so that you can make an informed decision about your use of the Service.

BY ACCEPTING THIS AGREEMENT, BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT;OR,FOR FREE SERVICES, BY USING SUCH SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU”OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

By visiting or using any part of this Service, you agree to the terms of this Privacy Policy as they may be amended from time to time.  As we update and expand our Service, this Privacy Policy may change, so please check this web page for updates to our Privacy Policy.  Further, this Privacy Policy is incorporated into, and is a part of, our Service’s Terms of Use agreement, which also governs your use of this Service.  Capitalized terms that are not defined in this Privacy Policy have the meaning ascribed to them in our Terms of Use.

The Information We Collect

When you visit our Service, we may collect information regarding your visit from your computer.  Such information helps us to determine information about how you found our Service, the date that you visited our Service and search engines that may have led you to our Service.  We collect this information in order to continually improve and enhance the functionality of the Service.

Generally, you may provide us with two types of information:  User-Provided Information (which may include Personal Information), and Website Usage Information, both of which are discussed in greater detail below.

Personal Information you choose to provide

In order to make your visits to our Service as enjoyable as possible, we may ask you for Personal Information.  “Personal Information” is information that you provide to us which personally identifies you.  It includes, for example, your name and e-mail address, both of which you may be asked to provide when registering with FOCUS451, as well as your billing information and physical address.  A description of some of the ways that you may provide Personal Information to us, as well as further details on how we may use such Personal Information, is given below.

Contact us/feedback

If you email us through a “Contact us” link on our Service, we may ask you for information such as your name and e-mail address so we can respond to your questions and comments.  If you choose to correspond with us via e-mail, we may retain the content of your e-mail messages, your e-mail address and our response to you.  In certain cases, and with your permission, we may post content from your e-mails to us on the Service.

Questionnaires and surveys

We may occasionally ask viewers of our Service to complete online surveys and opinion polls about their activities, attitudes and interests.  These surveys help us serve you better and improve the usefulness of our Service.  In requesting your participation in these surveys, we may ask you to provide your name and e-mail address to us.

Bulletin Boards

Our Service may offer its users the opportunity to post content, comments, reviews and tag messages via bulletin boards, blogs, articles and chat rooms, and engage in discussions with other users.  If you choose to use these features, you should be aware that any Personal Information you submit through these features can be read, collected or used by other viewers of these forums and could be used to send you unsolicited messages.  We are not responsible for the Personal Information you choose to submit in these forums.

Website Usage Information

Cookies

When visiting FOCUS451, we may use “cookies” on or in connection with our Service to maintain information about you for record keeping purposes and to make it easier for you to navigate the Service.  A cookie is a very small text document, which often includes an anonymous unique identifier and additional information necessary to support the sites intended functionality.

Our Service uses both “session ID cookies” and “persistent cookies.”  Session ID cookies are used to store information while a user is logged into the Service and expire when the user closes their browser.  A session cookie is temporary and disappears after you close your browser.  When you visit our Service it will then send a session cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits our Service to access the cookies it has already sent to you and not the cookies sent to you by other websites.  Except as otherwise set forth herein, all of our cookies are necessary for the provision of our services.

Persistent cookies are used to make tasks like logging into the site easier for returning users by remembering a user’s login information, and may be used by your browser on subsequent visits to the Service.  Persistent cookies stay on a user’s hard drive from one session to the next.  Persistent cookies can be removed by following your web browser’s directions.

Most web browsers can be adjusted to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie.  You may choose not to receive cookies from FOCUS451 by following instructions in your browser’s “help” file.  However, refusing a cookie may, in some cases, preclude you from using, or negatively impact, the display or function of, our Service or certain areas or features of our Service.

How FOCUS451 responds to “Do Not Track Mechanisms” can be found in the Online Tracking Disclosures section below.

Clear GIFs/Beacons

When visiting our Service, we may also use “Clear GIFs” (a.k.a. “web beacons” or “pixel tags”) or similar technologies in our Service and/or in our communications with you.  A Clear GIF is typically a one-pixel, transparent image located on a web page or in an e-mail or other type of message, which helps us to verify an individual’s viewing or receipt of a web page or message. Clear GIFs allow us to know whether you have viewed a web page prior to visiting our Website and may enable us to relate such information to other information, including your Personal Information.  We use information provided from Clear GIFs to allow more accurate reporting, improve the effectiveness of our marketing and make our Service better for our users.

IP address and Clickstream data

Our servers automatically collect data about your Internet Protocol Address when you visit us. When you request pages from our Website, our servers may log your IP address and sometimes your domain name.  Our servers may also record the referring page that linked you to us (e.g. another website or a search engine); the pages you visit on this Website; the website you visit after this Website; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Website or a referral website; and other web usage activity and data logged by our web servers.  We use this information for internal system administration to help diagnose problems with our servers and to administer our Website. Such information may also be used to gather broad demographic information, such as country of origin and Internet service provider.  Personal Information including IP addresses are not used to facilitate contact with users who have not provided their contact details to us.  Your IP address may be used to identify the clickstream that led you to our site; however, personal information is not shared with any third party marketing companies.

Any or all of these activities with regard to the above-described Website Usage Information may be performed on our behalf by our third-party service providers.

Rights to opt in/opt out

You have the right to “opt in” and/or “opt out” of certain of our uses of your Personal Information. For example, you may have the opportunity to elect whether you would like to receive correspondence from us and/or third party service providers.  Your personal information will not be shared with third party service providers unless consent is given by you.  You will have the opportunity to opt out of FOCUS451’s promotional e-mails by clicking the “opt out” or “unsubscribe” link in the e-mail you receive. You can also request this by sending an e-mail to privacy@FOCUS451.com, specifying whether: (i) you would like to opt out of receiving promotional correspondence from FOCUS451 in general, or just via e-mail, postal mail and/or by phone, and/or whether (ii) you would only like to opt out of certain of FOCUS451’s e-newsletters or correspondence.

Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

Online Tracking Disclosures

You may be accessing the Website via a browser that has a “Do Not Track” setting.  If you have turned this setting in your browser on, or if you are using a browser with the default setting of “Do Not Track”, please be advised that all features of the Service may not function in such setting.  As detailed above, we collect a variety of functional and analytic cookies in order for you to completely engage with our services.

If you wish to opt-out of the collection of tracking information, you may do so according to your browser settings; however, please be advised that you will not be able to log in to the Service or maintain a session in such settings, and such an election may limit the functionality of the Service available to you.

Use, Disclosure, and Sharing of Personal Information

Service providers

We may use third-party partners to help us operate and maintain our Website and deliver our products and services. We may also share your information with our service providers and other third parties (“Affiliated Parties”) that provide products or services for or through this Website or for our business (such as website or database hosting companies, address list hosting companies, communications providers, e-mail service providers, analytics companies, distribution companies, fulfillment companies, credit card processing companies and other similar service providers that use such information on our behalf).  Third-party service providers are contractually restricted from using or disclosing the information except as necessary to perform services on our behalf or to comply with legal requirements.

Aggregated statistics

We may disclose non-personally identifiable aggregated statistics regarding user behavior as a measure of interest in, and use of, our Service and e-mails to third parties in the form of aggregated data such as overall patterns or metrics, or demographic reports that do not describe or identify any individual user.  Information relating to aggregated statistics will be collected through the use of third-party cookies and other third-party tracking devices.

Legally compelled disclosures

We may disclose your Personal Information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to law applicable to us, our group or out partners, comply with a judicial or court order or comply with legal processes served on us or Affiliated Parties; (b) protect and defend our rights and property, the Website, the users of the Website and/or our Affiliated Parties; or (c) act under circumstances to protect the safety of users of our Website, ourselves, or third parties.

Consent to worldwide transfer and processing of Personal Information (applies unless otherwise agreed in writing between you or your organization and FOCUS451)

By providing Personal Information to us through this Website, you agree that it may be used by us and our Affiliated Parties for the purposes described herein and you further understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, which may have different privacy laws from your country of residence and which may afford varying levels of protection for your Personal Information.  Regardless of the laws in place in these countries, we will treat the privacy of your information in accordance with this Privacy Policy.  By providing your Personal Information to this Website, you consent to our transmission to and processing of your information in any jurisdiction in accordance with this Privacy Policy.

Third-party websites

When you are on this Website you may have the opportunity to visit or link to other websites, including other websites operated by us or by unaffiliated third parties.  These websites may collect Personal Information about you, and because this Privacy Policy does not address the information practices of those other websites, you should review the privacy policies of such other websites to see how they treat your Personal Information.

Privacy of minors

The Service is not directed at children under the age of thirteen and we do not knowingly collect Personal Information from children under the age of thirteen on our Service.  If we become aware that we have inadvertently received Personal Information from a visitor under the age of thirteen on our Service, we will delete the information from our records.

Security

We use commercially reasonable and industry-standard physical, managerial and technical safeguards to preserve the integrity and security of your Personal Information.  We also use Secure Sockets Layer (SSL) encryption when transmitting sensitive information.  However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your Personal Information for improper purposes.  You acknowledge that you provide your Personal Information at your own risk.

While we endeavor to protect the security and integrity of sensitive Personal Information provided to the Service, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

If you contact us by e-mail or a “contact us” or similar feature on the Service, you should be aware that your transmission might not be secure.  An unaffiliated third party could view information you send by these methods in transit.  We accept no liability for disclosure of your information due to errors or unauthorized acts by third parties during or after transmission.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development.  If a notification is appropriate, we shall endeavor to do so as promptly as possible under the circumstances, and (insofar as we have your e-mail address) we may notify you by e-mail.  In the event the breach involves your online account credentials, we will provide notification in electronic form and direct you to promptly change your password and security question, as applicable, or to take other appropriate steps to protect the online account as well as any other online accounts for which you use the same credentials or security question and answer.  You consent to our use of e-mail as a means of such notification.  If you would prefer us to use another method to notify you in this situation, please e-mail us at privacy@FOCUS451.com with the alternative and/or additional contact information you would like us to use.

Updates to our privacy statement

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our online information practices.  We will post a prominent notice on this Website to notify you of any significant changes to our Privacy Statement and indicate at the top of the statement when it was most recently updated.

Conditions of use

If you choose to visit FOCUS451.com, your visit and any dispute over privacy are subject to this Privacy Policy and our Terms of Use Agreement (incorporated by reference herein, as amended from time to time), including limitations on damages, arbitration of disputes and application of the law of the State of California.

Contact us

If you have any questions or comments about this Privacy Policy, or if you would like to review, delete or update information we have about you or your preferences, please contact us as follows:

Attn: PrivacyFOCUS451 Inc.

800, W. El Camino Real, Suite 180,

Mountain View, CA 94040.

E-mail: privacy@FOCUS451.com

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