Effective Date: November 15, 2019

Evidant Inc. (“Evidant”, “we”, “us”, or “our”) knows that you care about how your information is used and shared, and we take your privacy seriously. Evidant’s Privacy Policy describes our practices and policies regarding information that you may provide to us or that we may collect from you, and how we may use and store this information. We collect certain information through our website, located at www.Evidant.com (“Website”), and from Evidant products or related services. This Privacy Policy is incorporated into, and considered part of Evidant’s terms of service agreement located at www.Evidant.com/terms-of-service and/or the applicable purchase, license or other agreement that references this Privacy Policy (“Agreement”).

1) What Information Evidant May Collect From You

Evidant collects certain categories of information: “Personal Information” is information that could be used to identify you individually or that could be used to contact or locate you, including but not limited to, your name, email address and company information. “Anonymous Information” is information about you that is not associated with or linked to your Personal Information; Anonymous Information generally cannot be used to identify you absent accompanying Personal Information. Evidant may collect Personal Information and/or Anonymous Information in the following ways:

a) Information you voluntarily provide to us:

We may collect Personal Information through forms that you complete on our Website, by subscribing to our services (such as newsletters or white papers), using discussion forums on our Website, attending training sessions, following us on social media, by attending our events or by corresponding with us by phone, email, social media or otherwise. This includes, but is not limited to, information you provide when you purchase products from us, contact Evidant support, participate in forums or other social media functions on our Website, enter a competition, promotion or survey, and/or when you report a problem with our Website.

b) Information from our Website (collected automatically):

Each time you interact with our Website, we may automatically collect the following Personal Information and/or Anonymous Information:

• Technical information including, but not limited to, browser type, operating system, device information, IP address, domain name, referral URL, time zone setting, and/or a time-stamp for your visit.
• Usage information including, but not limited to, geographic location information (such as your country or state), the numbers and frequency of visitors to our site, page views, unique page views, video views, form conversions, and your clickstream behavior (e.g. clicking links to, through and from our Website).

Evidant and its third party suppliers may use various technologies such as cookies, web beacons (also referred to as clear gifs), and e-tags to collect Personal Information and/or Anonymous Information, to analyze trends, and to provide you with a more personalized customer experience.

Cookies are small pieces of information that are placed on your computer to enable our system to recognize your computer when you return to our Website and to collect various technical and usage information about your visits. Cookies may be used by Evidant and our third party suppliers who help us provide our Website. Evidant may link information stored in cookies to Personal Information we have in our systems.

In addition, we and our third party partners and suppliers may use cookies and other similar technologies to enhance the quality of your interactions with our Website, provide you with targeted advertising, and to analyze the effectiveness of any such advertising (such as user engagement and interaction). We may also receive reports based on the use of certain technologies by these companies on an individual and anonymized basis.

Most browsers have options for deleting, blocking or otherwise disabling the use of cookies. For more information on how to do so, please refer to the documentation accompanying your browser. If you choose to disable cookies, some areas of our Website may not function properly.

To learn more about third party cookies and other advertising networks and their opt out instructions, please visit http://www.aboutads.info/choices or http://preferences-mgr.truste.com.

c) Information collected from other sources:

Evidant works closely with third parties (for example, business partners, analytics providers, and search engine providers) and may receive Personal Information about you from them to enable us to establish accounts, fulfill orders and customize your experience on our Website with personalized content.

2) How Evidant Uses Your Information

We may use the information held about you to:

• Respond to your requests and questions for certain products and services
• Customize the content and advertising you see on our Website
• Communicate with you about specials, sales offers, and new products
• Administer and provide our Website, products and related services
• Send notifications regarding changes to our company, products or services, and changes to our terms and conditions
• Carry out any contractual obligations between you and us

3) Evidant Products

You acknowledge that some of our products may collect data that includes, but is not limited to, one or more of the following where applicable: network performance and network data (such as number of bytes, number of packets, IP addresses, server name, and ports), process and system metrics (such as CPU, memory usage, disk i/o, applications and/or operating systems on which such products are used), performance data about applications that are instrumented (such as classes, methods, parameters, URLs, SQL statements, and IP addresses), user and administrative account information (such as name, email address, and phone number), and/or any transactions related to any of the foregoing (all such data collectively, “Data”). Not all products collect Data; additional information about the Data that can be collected by a product is set forth in the applicable documentation for such product. You acknowledge that Data may contain Personal Information, and that some Personal Information may be required to provide administrative access and control of certain products to you. Some products may permit you to specify what types of Data will be collected as described in the applicable documentation for such product. You are solely responsible for the Data that you choose to collect and monitor; you acknowledge that some product functionality and features might not function if you do not enable collection of certain Data by the product. As between Evidant and you, you retain all ownership rights in and to Data.

Evidant may use, reproduce, and/or transmit the Data for your benefit as needed to provide you with products and related services. Data we collect is primarily used to display product and performance information back to the product user. Evidant also uses Data for development, diagnostic and/or corrective purposes, including providing you with technical support regarding your use of our products.

4) Where Evidant Stores Your Information

Evidant works in a global environment; the information we collect from you (including Data) may be transferred to, and stored at, a destination other than the country in which the information was collected (including but not limited to servers and data centers located in the United States). By using our Website and products or providing any Data and/or Personal Information to us, where applicable law permits, you consent to the transfer, processing and storage of such information outside of the country where such information was originally collected at another destination in which Evidant does business (and where data protection standards may be different). Notwithstanding the foregoing, you acknowledge that Evidant is not obligated to retain any Data.

You represent and warrant that (i) you have the necessary rights and licenses required to provide Data to Evidant and its suppliers, and (ii) the use, reproduction, and transmission of the Data in accordance with the Agreement and this Privacy Policy will not infringe or misappropriate any intellectual property rights of any third parties or violate or breach any confidentiality requirements, contractual obligations or any applicable laws (including any applicable privacy laws). Without limiting the foregoing, you are responsible for providing notice to, and obtaining consent from, all of your users regarding the collection, processing, storage and transfer of Data, including without limitation with respect to any international transfers outside of your country, and for responding to any queries from such users regarding the foregoing. For the avoidance of doubt, you are solely responsible for ensuring that any use of Data by Evidant and/or you in connection with the products as contemplated by the Agreement and this Privacy Policy does not violate any applicable laws.

5) Disclosure of Your Information

Evidant does not rent or sell your Personal Information or Data to anyone. We share your Personal Information and Data only with your consent, as well as in the following circumstances:

• Contractors and Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Evidant’s contractors and agents do not have any right to use Personal Information or Data we share with them beyond what is necessary to assist us, and we require them to agree to maintain the confidentiality of such Personal Information and Data.
• Business Partners: Evidant has a network of business partners who help us sell and deliver our products and services. Evidant may share Personal Information with our business partners for purposes of selling and providing products and services to you. Evidant may also obtain certain Personal Information about you from our business partners when you purchase products and services from such business partners. Evidant requires its business partners to maintain the confidentiality of your Personal Information that we provide to them, provided, however, that you may have a separate agreement with a business partner that will control that business partner’s use of your Personal Information, in which case this Privacy Policy does not apply to the information held by that business partner.
• Suppliers: Certain Evidant products incorporate software provided by third party suppliers. In some cases Evidant may be required to report on sales of such products incorporating such software to those third party suppliers, and this reporting may include your Personal Information solely to the extent needed to document such sales. Evidant requires its third party suppliers to treat any such information as confidential.
• Business Transfers: In some cases, we may choose to buy or sell assets or become involved in a merger, acquisition or similar transaction. In these types of transactions, customer information (that may include Personal Information and Data) is typically one of the assets that is transferred. Evidant and the acquiring entity will retain the confidentiality of such information.
• Protection of Evidant and Others: We may disclose or share Personal Information, Data and other information, if we believe in good faith that such disclosure or sharing is legally required, or is necessary to protect our legal rights (including, but not limited to, our intellectual property rights and enforcement of our agreements), the legal rights of others, or the safety and/or security of Evidant, our employees, our customers, or other users.

You expressly consent to the sharing of your Personal Information and Data as described in this Privacy Policy.

6) Security

The security of your Personal Information and Data is important to us. We use certain security measures, including, but not limited to, administrative, physical, and technical safeguards to protect your Personal Data and Data from unauthorized access, use, modification, or disclosure. Those safeguards may include measures for preventing access, use, modification or disclosure of Personal Information and Data by Evidant personnel except as required by such Evidant personnel (a) to provide products and services to you, (b) to provide support, product development and related services, including to prevent or address service or technical problems and make improvements, (c) as compelled by applicable law or as required to protect Evidant’s legal rights, or (d) as you expressly permit or instruct in writing. Any Evidant personnel that requires access to Personal Information or Data will be bound by a confidentiality agreement.

Please do not disclose your Website login credentials to unauthorized people. You are responsible for the security of your login credentials and for any activity that occurs under your account with us. Please be aware that no security measures can wholly eliminate security risks associated with Personal Information and Data; keep this in mind when disclosing any sensitive information to us. If Evidant learns of a breach of its systems, we may notify you and others in a manner that is consistent with applicable law and/or as agreed by us in writing.

7) Public Forums

Evidant offers individuals the opportunity to interact and publish content via discussion forums, blogs, and other means on our Website (“Online Communication Tools”). If you use such Online Communication Tools, any information that you disclose becomes publicly available, and could be used to contact you, to send you unsolicited messages, or for purposes neither Evidant nor you have control over. Your use of certain Online Communication Tools may be subject to additional terms and conditions. Evidant is not responsible for the Personal Information or any other information you choose to submit or publish via these Online Communication Tools.

8) Marketing

We may use information held about you to provide you, or permit selected third parties to provide you, with information about products or services we feel may interest you. If you do not want to use your information in this way, or to pass along your details on to third parties for marketing purposes, you can unsubscribe from such emails using the link provided in the emails, tell your Evidant contact, email us at support@Evidant.com, or select the relevant opt-out option on the form in which we are collecting your information.

9) Links to Third-Party Websites

Evidant may provide links to other third-party websites and services that are outside our control and not covered by Evidant’s Privacy Policy. Evidant is not responsible for the privacy practices or the content of such websites. We encourage you to review the privacy policies on any website you visit whether linked to or not.

10) Children’s Privacy

Evidant does not knowingly collect Personal Information from individuals under the age of thirteen (13) or the applicable age of consent in your country. If you believe that Evidant may have collected Personal Information from someone under the applicable age of consent, please email support@Evidant.com.

11) California Privacy Rights

Under California Civil Code § 1798.83, California residents have certain rights regarding a company’s disclosure of their Personal Information for direct marketing purposes. Evidant’s Privacy Policy provides you with details on how you may opt-out of the use of your Personal Information by third parties for marketing purposes. Please be aware that if you opt-out, you may continue to receive marketing communications during the time period it takes for us to process your request. Additionally, even after you opt-out from receiving marketing communications from us, you may continue to receive administrative messages from us regarding our products and related services.

12) Contact Evidant

Should you have questions or comments related to this Privacy Policy, please email support@Evidant.com.

13) Updates

Evidant may update this Privacy Policy from time to time. If we make changes to our Privacy Policy, we will post the updated version here, and it will become effective on the date posted, which will be listed at the top of the page as the new Effective Date. Your use of Evidant’s Website, products and/or services following these changes means that you accept and agree to the updated Privacy Policy.