# Privacy Notice This Privacy Notice is designed to help you understand how Hark Technologies, Inc. (“Hark,” “we,” “us,” or “our”) collects, uses, processes, and shares your personal information, and to help you understand and exercise your privacy rights. ## 1. Scope and updates to this privacy notice This Privacy Notice applies to personal information processed by us, including on our website and other online or offline offerings. Our website and other offerings are collectively called the “Services.” An Important Note: Unless otherwise stated, this Privacy Notice does not apply to any of the personal information that we process on behalf of our customers through their use of our Services pursuant to the written agreement(s) we have executed with such customers (“Customer Data”). Our customers’ respective privacy policies govern their collection and use of Customer Data. Our processing of Customer Data is governed by the contracts that we have in place with our customers, not this Privacy Notice. Any questions or requests relating to Customer Data should be directed to our customer. Changes to our Privacy Notice: We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect. ## 2. Personal information we collect The categories of personal information we collect depend 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 use our Services, and information from other sources such as third-party services and organizations, as described below. ### A. Personal Information You Provide to Us Directly We may collect personal information that you provide to us. #### Account Information We may collect personal information in connection with the creation and administration of your account, such as your name, email address, phone number, and professional details. #### Purchases We may collect personal information and details associated with your purchases, including payment information. Any payments for our Services made with a debit or credit card are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details). #### Your Communications with Us We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us. #### Surveys We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey. #### Interactive Features We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. #### Conferences, Trade Shows, and Other Events We may collect personal information from individuals when we attend or host conferences, trade shows, and other events. #### Business Development and Strategic Partnerships We may collect personal information from individuals and third parties to assess and pursue potential business opportunities. #### Job Applications We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us. ### B. Personal Information Collected Automatically We may collect personal information automatically when you use our Services. #### Automatic Collection of Personal Information We may collect certain information automatically when you use our Services, such as 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), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, 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 Services. #### Cookie Policy (and Other Technologies) We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our Services. ### C. Personal Information Collected from Other Sources We may obtain personal information about you from other sources, including through third-party services and organizations. ## 3. How we use your personal information We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below. ### A. Provide Our Services We use your information to fulfill our contract with you and provide you with our Services, such as: - Managing your information; - Providing access to certain areas, functionalities, and features of our Services; - Answering requests for customer or technical support; - Communicating with you about your account, activities on our Services, and policy changes; - Processing your financial information and other payment methods for products or Services purchased; - Processing applications if you apply for a job we post on our Services; - Allowing you to register for events. ### B. Administrative Purposes We use your information for various administrative purposes, such as: - Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), 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; - Measuring interest and engagement in our Services; - Improving, upgrading, or enhancing our Services; - Developing new products and services; - Ensuring internal quality control and safety; - Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice; - Debugging to identify and repair errors with our Services; - Auditing relating to interactions, transactions, and other compliance activities; - Sharing personal information with third parties as needed to provide the Services; - Enforcing our agreements and policies; and - Carrying out activities that are required to comply with our legal obligations. ### C. Marketing and Advertising our Products and Services We may collect personal information in connection with the creation and administration of your account, such as your name, email address, phone number, and professional details. Some of the ways we may market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking. ### D. With Your Consent We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent. ### E. Other Purposes We also use your personal information for other purposes as requested by you or as permitted by applicable law. We may use personal information to create de-identified and/or aggregated information, such as demographic information, information about the device from which you access our Services, or other analyses we create. ## 4. How we disclose your personal information ### A. Disclosures to Provide our Services The categories of third parties with whom we may share your personal information are described below. - **Service Providers:** We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services. - **Business Partners:** We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services. - **Affiliates:** We may share your personal information with our corporate affiliates. - **Hark Customers (Authorized Users Only):** If you access our Services as an authorized user (i.e., an employee) of a Hark customer, that customer may access information associated with your use of the Services including usage data, and the contents of the communications and files associated with your account. Your personal information may also be subject to the Hark customer’s privacy policy. We are not responsible for the Hark customer’s processing of your personal information. - **Advertising Partners:** We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” - **APIs/SDKs:** We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. ### B. 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 law enforcement or national security requests and 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. ### C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. ## 5. 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. - **Email Communications:** If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Notice). - **Text Messages:** If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us. - **Phone Calls:** If you receive an unwanted marketing phone call from us, you may opt out of receiving future phone calls from us by following the instructions which may be available on the call or by otherwise contacting us. - **“Do Not Track:”** Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. - **Cookies and Personalized Advertising:** 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 Services 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. ### Your Privacy Rights In accordance with applicable law, you may have the right to: - **Access to and Portability of Your Personal Information:** including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine-readable format. - **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:** of or object to our processing of your personal information; - **Withdraw Your Consent:** to our processing of your personal information. Please note that your withdrawal 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. We will process such requests in accordance with applicable laws. ## 6. Security of your information We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. 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 access, use, disclosure, or loss of personal information.