Anukari Privacy Statement

Anukari, LLC and its subsidiaries (collectively, "Anukari", "us", or "we") are committed to protecting your privacy. This Privacy Statement describes Anukari’s information practices and the choices available to you regarding Anukari’s use of information that can be used to identify you ("Personal Data").

If you are located in the European Union, EEA, UK or Switzerland ("Europe"), please see Section 6.

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, please see Section 7.

This Privacy Statement addresses Anukari’s use of information collected through our website https://anukari.com (collectively, the "Site"), our value-added offerings, which include but are not limited to, white paper downloads, seminars, or other similar offerings (collectively, the “Value-Added Offerings”) or our software, cloud services or maintenance products (collectively, "Products"). We will only collect and use information from you as described in this Privacy Statement. To make a request to Anukari regarding your Personal Data, please place such a request through this form or by emailing us at [email protected].

1. THE DATA WE PROCESS AND PURPOSES OF PROCESSING

Depending on how you interact with us, we process different kinds of data and in different ways. Some data is automatically processed if you visit our Site or use our Products. Other data is only processed if you actively submit it to us (like using our web forms to get in touch with us, uploading content to our Site, registering accounts with us, or sending technical reports to us from the Products you use).

Data we process if you visit our Site:

Even if you are only a visitor on one of our Site, your computer or device automatically sends technical information to our web servers that we store in log files, including the following "Website Usage Data":

• date and time of the visit and the duration of use of the Site;
• the IP address of your device as well as your internet service provider (ISP);
• the broad geographical location of your device: i.e., country, city and (where applicable) state;
• the referral/exit URL;
• the visited subsites of the Site and usage events;
• information about your device (type of device, browser type and version, as well as settings, installed plug-ins, operating system)
• your preferred language

We process Website Usage Data to allow you to surf the Site and to ensure its functionality. We also process Website Usage Data to perform analyses on the performance of the Site, to continuously improve the Site and correct errors, to ensure IT security and operation of our systems, as well as to prevent or uncover abuse. We further process this data in aggregated or pseudonymized form to analyze trends, administer the Site, track users’ movements around the Site, and to gather demographic information about our user base as a whole or to improve marketing (including serving you personalized, interest-based ads through targeted advertising) as well as the user experience on our Site and guaranteeing the safety of our IT systems. Website Usage Data is processed based on your consent, unless such data is deemed necessary for the functioning of our Site. We may process your IP address to section/group visitors and test different versions of our Site based on legitimate interest, i.e. to better understand how our Site is being used and perceived.

To process Website Usage Data, we use cookies and similar technologies.

Data we process if you use our Products:

Anukari processes Personal Data when you install and register one of our Products. Some of this information will be processed automatically when installing our Products. This includes the following "Product Installation Data":

• your browser type
• operating system
• device hardware
• other software on your system that interact with our Products
• IP address
• broad geographical location (i.e. country, city and (where applicable) state)
• product version
• product license or activation key/serial number
• hardware or machine ID
• your preferred language

We collect information about the way you use our Products after you have installed and registered them, if your in-product settings are set to enable such collection. The specific "Product Usage Data" varies depending upon which Product you are using, but may include:

• Product Installation and launch Data
• Product Registration Data (including your name and your email)
• hardware fingerprint
• feature usage
• page clicks
• sign-in information
• type and hardware configuration of your computer or mobile device
• software configuration of your computer, including the list of other software products installed on it which interact with our Products

We process Product Usage Data so that we can facilitate, evaluate, and verify your use of our Products and services. We will also use the Product Usage Data for our own internal statistical and analytical purposes, and to evaluate and enhance users' experience of the Products by identifying customer preferences and analyzing crash data.

In addition, certain of our products may allow you to store, send, receive, edit, sync, share, or otherwise organize or manage files and folders (including any information or data stored in those folders) ("User Files"). We will record and store information regarding the size and name of all User Files that you make available via these Products.

Data we process only if you submit it to us:

When you interact with us on our Site or using our Products, you can submit Personal Data to us in various situations, including:

Account Data: You may need to register an online account with us ("Your Account") depending on the Product you are licensing from us:

If you use a third party service such as Apple, Facebook, or Google (“Third Party Services”) to create a new or sign in to an existing account when visiting our Site or using/registering our Products, we may obtain your personal data like your name and e-mail from that Third Party Service but only when you have consented to that Third Party Service sharing your personal data with us.

Transaction Data: In relation to purchases you may make online at our online resellers, we process your Personal Data that our online reseller shares with us. This information may include:

• billing information, such as your name, e-mail address, billing address, your business affiliation (company or organization name)
• the type of Product you purchase
• the amount you pay in your currency
• subscription ID
• subscription-related URLs (such as purchase confirmation page URL, subscription cancelation URL, invoice PDF URL)

You can view the exact information required in the form provided at point of purchase. We will only use this data to complete your order, for billing purposes, and for internal accounting.

Apart from that required at the point of purchase on the Site, or through our online resellers, we do not collect or process the data about your payment instruments such as credit card numbers, banking account numbers or PayPal accounts. This information is collected, processed, and stored by our online reseller(s). Collection and use of financial/payment information is governed by the applicable privacy statement(s) offered by our online reseller(s).

Technical Report Data: If you would like to report a technical problem regarding one of our Products, the data you might be required to provide may include:

• product name, version and the license key used for activation (if applicable)
• computer’s hardware ID and configuration
• product configuration files and technical (diagnostic) logs
• computer operating system’s logs
• product crash logs
• any file(s) attached by you to the technical report
• your comment provided for the technical report

Customer Support Data: You can communicate with us through the different web forms and chat functionalities on our Site. For example, you can use the contact forms to request technical assistance, request information on the status of your order, or otherwise reach out to our customer support team. In order to respond to your request, we will process your IP address and contact data as well as the contents of your request and the uploaded files and/or attachments you have sent to us. Your data related to the request will be deleted when your customer support request is completed or in accordance with statutory or contractual retention periods. Some of our online customer service functionality may include the use of AI to direct service requests and such data to train our internal AI tools.

Survey Data: From time to time, we may conduct surveys about our Products. Participation in our surveys is optional. However, if you respond to one of our surveys, you may provide us with Personal Data about you. Unless you otherwise consent, we will only use this Personal Data to determine the types of Products that may be of interest to you and to operate and improve our Product offerings.

E-mail/Direct Mail Campaign Data: From time to time, we may contact our customers directly by mail, e-mail, or telephone to inform them about upgrades, new products, promotions, or special offers. However, we will not contact you with any commercial communications that are unrelated to the Products that you have purchased from us unless you have given us your prior explicit consent to receiving such information. When responding to one of these campaigns, you may have the option to provide us with Personal Data, which we will use for the purposes indicated. You can opt-out of receiving future marketing emails from Anukari by clicking on the “unsubscribe” option located at the bottom of the marketing email you wish to opt-out of. If you prefer to be removed from all Anukari marketing lists, contact us via this form or by emailing us at [email protected]. Please be aware that customers cannot opt-out of receiving all transactional e-mails related to their Anukari account and/or their Product(s) or provision of related services.

Business Contact or Sales Prospect Data: If you are a business contact or sales prospect that has provided us your Personal Data, we will store your data in our database so that we can follow up on previous business conversations we’ve had with you, provide you additional information about our Products, or assist you in purchasing our Products. We may also share your Personal Data with sales representatives employed with our local affiliates or resellers so that they can work with you to complete any requested purchase of our Products. You can find a list of our resellers here.

2. DISCLOSING PERSONAL DATA TO THIRD PARTIES

We treat your Personal Data with care and confidentiality and will only pass it on to third-parties to the extent described below and not beyond.

We do not sell, rent, or trade Personal Data in the traditional sense (i.e., in exchange for payment). Certain U.S. state privacy laws define the term “sale” broadly to encompass some of our data processing activities, outlined in the “Information for Residents of California, Colorado, Connecticut, Utah, and Virginia” section in this Privacy Statement.

Where our affiliates, resellers, or service providers process Personal Data, they will do so solely on our instructions and have undertaken to comply with strict contractual requirements for the security of your data (including, but not limited to, complying with this Privacy Statement).

Third Party Services: If you use a Third Party Service such as Apple, Facebook or Google to create a new or sign-in to an existing account when visiting our Site or using our Products, some of your Personal Data such as IP address of your device, your broad geographical location (country, state (if applicable), and city) and the type of the account you sign up for/login to becomes indirectly known to that Third Party Service.

Service Providers: Anukari transmits data to service providers that enable us to provide our Site and market, sell, and deliver our Products and host our services. This includes the parties providing our third-party cookies and tracking tools, as well as parties providing us with services to assist us in processing transactions, including credit card transactions, handling shipping and processing of orders, providing customer support, managing customer relationships (like Saleforce.com), hosting the Site (like Amazon Web Services), hosting our Cloud Services (like Azure), performing analysis of our Site or Products (such as Google or AWS warehouse services). We occasionally also disclose Personal Data to independent auditors acting on our behalf, for anti-piracy or revenue accounting purposes in connection with the internal operations of our business. We sometimes need to disclose your information to these companies in order for them to provide the applicable services.

Business Transactions: In the event Anukari goes through a business transaction such as a merger, an acquisition by another company, or a sale of all or a portion of its assets to which this Privacy Statement relates, we may disclose or transfer your information to a third-party in connection with or during negotiation of such a transaction.

Public Authorities: Although we make every effort to preserve customer privacy, we may need to disclose personal information when required by law, such as when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, litigation, or other legal processes or actions (whether or not initiated by Anukari) to protect Anukari's, our users' or third parties' rights, property or safety. We will transmit data to public authorities such as law enforcement or tax authorities only in the case of a legal obligation to do so based on a request for information from the respective authority.

3. RETENTION OF PERSONAL DATA

To the extent permitted by applicable law, we typically retain Personal Data we obtain about you for as long as it is needed (1) for the purposes for which we obtained it, in accordance with the terms of this Privacy Statement, which generally means that we will keep your Personal Data for the duration of our relationship or as long as you keep your account open with us; or (2) to take into account applicable statute of limitation periods and comply with applicable laws, resolve disputes and enforce our agreements. You may request that we delete your information or restrict the processing of such information by contacting us as indicated in Section 10 of this Privacy Statement.

4. REVIEWING AND REQUESTING CHANGES TO YOUR INFORMATION

European users: please refer to Section 6 below for your statutory rights.

California, Colorado, Connecticut, Utah, or Virginia users: please refer to Section 7

Customers may update, delete, access, or change their account information by editing their user, group, or team records. To update your customer billing information, contact our Accounts Receivable department at [email protected]. If you do not have an account, please contact us in accordance with Section 14 below.

If you have signed up to receive marketing emails from Anukari, you can opt-out of receiving future marketing emails by clicking on the “unsubscribe” option located at the bottom of the marketing email you wish to opt out of. If you prefer to be removed from all Anukari marketing lists, contact us via this form or by emailing us at [email protected]. Customers cannot opt-out of receiving all transactional emails related to their Anukari account and/or their Product(s) or provision of related services.

5. CONTACT INFORMATION OF CONTROLLER

The data controller is one of the affiliated entities of the Anukari Group as follows:

6. INFORMATION FOR EUROPEAN RESIDENTS:

You are not legally required to provide Anukari with the Personal Data described in this Privacy Statement. Further, the contractual relationship that you might have entered into with us by purchasing our Products does not imply any obligation to provide your Personal Data. However, you might not be able to use our Products to the full extent, or in some cases you may not be able to use our Products at all, if you do not provide us with certain data or object to the use of this data.

Anukari is committed to the principles outlined in the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information from European Union and European Economic Area member countries, the United Kingdom and Switzerland.

We sometimes provide Personal Data to third-parties to perform services on our behalf. If we transfer Personal Data subject to the Data Privacy Framework to a third-party, we will remain liable under the Data Privacy Framework for act or omission of the third-party in regard to the Data Privacy Framework unless we can prove we are not responsible for the event giving rise to the damage.

The Federal Trade Commission has jurisdiction over the compliance of Anukari with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

If there is any conflict between the terms in this Privacy Statement and the EU-U.S. DPF, the UK Extension of the EU-U.S. DPF, and/or the Swiss-U.S. DPF, the Data Privacy Framework Principles shall govern.

If you believe Anukari processes your Personal Data, you may direct any inquiries or complaints to our team by filling out this form or e-mailing us [email protected]. If you have an unresolved privacy or data use, you may contact our U.S.-based third-party dispute resolution provider (free of charge) at https://www.jamsadr.com/DPF-Dispute-Resolution

If neither Anukari nor our dispute resolution provider resolves your complaint, you may have the possibility to engage in binding arbitration through the Data Privacy Framework Panel. For more information on this option, please see Annex I of the EU-U.S. Data Privacy Framework Principles.

Our Legal Basis for Processing

Anukari primarily processes data as a controller, for the purposes explained above under Sections 1 and 2 of this Privacy Statement. These purposes represent our legitimate interests. At the same time, some of the Personal Data we process is necessary for us to fulfil a contract with you or in order to take steps at your request prior to entering into a contract with you. For example, if you express your interest in purchasing one of our Products, such as by filling out a webform, we will process the Personal Data submitted to comply with your request. This may include sharing your Personal Data with one of our authorized resellers, who will then use your Personal Data to complete the purchase transaction. In addition, we are legally obliged to provide certain information to criminal prosecution or tax authorities in individual cases upon request. In these cases, the legal basis for the processing is either legal requirements or reasons of public interest. Where we process your Personal Data with your explicit consent, this declaration of consent will be the legal basis for processing your Personal Data.

Transferring your Data outside Europe

In certain cases, your personal data may be transferred to countries outside of Europe. Anukari ensures that such transfer will be carried out in accordance with the applicable data protection laws. This entails that any party outside of Europe and countries subject to an EU adequacy decision (like Canada and Switzerland) which comes in possession of your personal data must ensure an adequate level of protection, for example by entering into standard contractual clauses.

Please refer to the following for a complete list of Anukari Sub-Processors used for Anukari Products: None.

User Profiles

We use your data for "Profiling". This means that we use your data to make tailored offers based on your previous behavior as well as to serve you personalized ads. However, we will never process and analyze your Personal Data in the context of Profiling in a way that would lead to an automated decision that has a legal effect on you or significantly impairs you in a similar way.

Your rights regarding the processing of your Personal Data

As a natural person, you have certain rights as "Data Subject". You can assert the following rights:

• ACCESS: You have the right to access your Personal Data to know how we are processing your personal data, generally within one (1) month of your request;
• RECTIFICATION: You can ask us to have inaccurate Personal Data amended;
• ERASURE: You can ask us to erase Personal Data in certain circumstances, recognizing that we must always respect data retention legal obligations;
• WITHDRAWAL OF CONSENT: You can withdraw at any time any consents to processing that you have given us and prevent further processing if there is no other legitimate ground upon which we can process your Personal Data;
• RESTRICTION: You can require certain Personal Data to be marked as restricted for processing in certain circumstances;
• PORTABILITY: You can ask us to provide you with a copy of your Personal Data in a such a form that you can send it to a third-party;
• RAISE A COMPLAINT: You can raise a complaint about our processing with the competent data protection authority in your jurisdiction;
• OBJECTION: You have the right to object at any time to the processing of your Personal Data. If you object, we will no longer process your Personal Data in the future unless we can prove compelling grounds for the processing that outweigh your interests, rights, and freedoms or the processing serves to assert, exercise, or defend legal claims.

To exercise your rights regarding Personal Data, or if you have any questions about this Privacy Statement or our privacy practices, please contact us via this form or by emailing us at [email protected].

You can assert these rights to us only with respect to the data processing we conduct on our own behalf, as a controller. In the unlikely event Anukari acts as a processor of your data for a third party, e.g. your employer, you must refer to the entity acting as controller to assert this right.

Please note that, where you have granted us your consent to process certain Personal Data, you are free to withdraw this declaration of consent with future effect at any point in time.

Information about your Right of Objection

1. Right of objection in individual cases: In addition to the rights already mentioned, you have the right, for reasons arising from your particular situation to object at any time to the processing of Personal Data relating to you; this also applies to profiling based on this provision. If you file an objection, we will no longer process your Personal Data unless we can prove compelling grounds for the processing that outweigh your interests, rights, and freedoms or the processing serves to assert, exercise, or defend legal claims. Please also note that, if we terminate the processing due to your objection, the Site or Products may no longer be available to you or only to a limited extent.

2. The right to object to the processing of data for advertising purposes: You also have the right to object at any time to the processing of your Personal Data for the purpose of direct marketing, including any subscription to our newsletters or personalized ads; this also applies to Profiling, insofar as it is associated with such direct marketing. If you object, we will no longer process your Personal Data in the future.

Special Categories of Personal Data

Anukari does not process Special Categories of Personal Data.

7. INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA (EACH, A “STATE”)

Anukari may sell or share Personal Data, as those terms are defined under applicable State privacy laws. Anukari does not knowingly sell or share the Personal Data of consumers under the age of 16.

Personal Data Transfers to Third Parties

Sensitive Data

Anukari does not collect Sensitive Personal Data as defined under applicable State privacy laws.

Data Retention

We store Personal Data for as long as our contract is in force and as required under applicable law. For more information on how long we retain Personal Data, please refer to section 3.

Consumer Rights

Under applicable State laws residents are granted consumer rights that Anukari will uphold:

• Right to know which Personal Data is being collected and access such information
• Right to delete your Personal Data
• Right to correct your Personal Data
• Right to opt out of the sale or sharing of Personal Data. To opt out of sales and shares of Personal Data, send a request directly to [email protected]
• Right to opt-out of targeted advertising
• Right to non-discrimination

Any State Customer wishing to exercise a right to access Personal Data held by Anukari can submit a verifiable consumer request to us via this form or by emailing us at [email protected].

To verify your identity, we may request that you provide some information about yourself, such as your name, e-mail address, and location. We will only use the data you provide for verification purposes.

Appeals - Virginia, Colorado, and Connecticut

Residents of Virginia, Colorado, and Connecticut can appeal denials of their rights requests by e-mailing us at [email protected].

Authorized Agents

If you are an authorized agent representing a user from an applicable State, please reach out to us at [email protected]

8. COLLECTING INFORMATION FROM CHILDREN

Anukari’s Site and Products are not intended for use by children under the age of 16 and we do not intentionally collect any information from users under the age of 16. If a parent or guardian becomes aware that their child has provided Anukari with Personal Data or that we have otherwise inadvertently collected this information, contact us at [email protected], so that we may delete the information from our servers.

9. CHANGES

Except to the extent limited by applicable law, Anukari reserves the right to change this Privacy Statement to reflect changes in the law, our data handling practices, or the features of our business. We will provide notification of changes to this Privacy Statement by prominently posting notice through our Site. Changes to our Privacy Statement will be effective when posted and the new effective date will be identified.

10. CONTACT INFORMATION

To exercise your rights regarding Personal Data (as described above in this Privacy Statement), or if you have any questions about this Privacy Statement or our privacy practices, please fill out this form or email us at [email protected].

Please do not use this email address to report technical problems or to raise other issues that are not directly related to data privacy or this Privacy Statement.

Last Updated: July 26, 2024