HIGHER DIGITAL INC PRIVACY POLICY

Last updated: July 2020

At Higher Digital Inc. (“Higher Digital,” “we,” “us,” or “our”), we understand the importance of maintaining your privacy, and we therefore strive to provide our Services with your protection in mind. This Privacy Policy applies to your use of our website, located at www.higher.digital, all subdomains thereof, and any other websites or online offerings operated by Higher Digital which link to this Privacy Policy, whether accessed via computer or mobile device (the “Services”). This Policy does not apply to third-party properties, or Higher Digital properties that contain other privacy policies.

This Privacy Policy contains the following sections:

1. Summary
2. Your Acceptance
3. Information We Collect
4. Our Information Use
5. Information Sharing and Disclosure
6. Cookies and Web Beacons
7. Accessing, Reviewing, and Changing your Personal Information
8. Confidentiality and Security
9. Third-Party Practices
10. Regarding Children
11. Additional Terms

If you have any questions regarding this Privacy Policy, please contact us at privacy@higher.digital.

This Privacy Policy explains and describes how Higher Digital collects, uses, shares, and discloses information collected via our Services. While a complete description is set forth below, the following bullets provide a brief summary of some of the central features of our privacy practices:

• We collect Non-Personal Information and Personal Information (each defined below) from you in two ways: information that you give to us, or information that we collect from your use of our Services.
• We may share your Personal Information with third-parties in limited situations, as necessary to provide you with aspects of our Services. To learn more about our rights to share your information, please see the section titled “Information Sharing and Disclosure” below.
• You can review and update your Personal Information by contacting us at privacy@higher.digital.
• We use commercially reasonable efforts to secure your information, but we cannot guarantee, nor should you expect, that your information will remain secure at all times and in all circumstances.
• We have special concerns about the privacy of users who are minors (users under the age of 18), as further addressed in the section titled “Regarding Children” below. Our Services are not directed to children under 18.

In accessing the Services, you accept all the terms and conditions of this Privacy Policy, although in certain cases, we may require affirmative opt-in acknowledgement of your acceptance as well. Accordingly, we ask that you bookmark and periodically review this Privacy Policy to ensure continuing familiarity with the most current version. If you do not agree with the terms and conditions of this Privacy Policy or our Terms of Use, you should immediately cease using and accessing the Services.

Higher Digital collects information from you in two ways: information you give to us, and information that we gather from your use of our Services, each as more specifically described below. Such information is made up of “Personal Information” and “Non-Personal Information.”

“Personal Information” means information that personally identifies you, such as your first and last name, email address, physical address, telephone number, billing information, or social security number.

“Non-Personal Information” means information that does not specifically identify you.

Information you give to us.

We collect information that you give to us. For example, our Services may require that you submit informationinformation about yourself through our Contact Us form to receive information about our Services. Such submission may include your disclosure to us of Personal Information. We may also receive information from you through the use of the Services. Postings, activities, including participation in surveys and research studies, correspondence, and any content therein that you enter into the Services are governed by our Terms of Use. We may save any such postings or comments made to or provided by you in connection with your use of our Services.

Businesses who wish to partner with us, advertise with us, or participate in our Services in any other way may be asked to provide information such as a business name, website URL, telephone number, physical address, email address, description of business, service areas, business category and/or keyword information, credit card information, and other contact information (collectively, “Business Information”). Business Information may also include a business’s opt-in to receive additional information regarding services that we or our Partners may provide. Some Business Information may be Personal Information. If this information is collected by us or our partners via telephone, you acknowledge that we or our partners may be recording your telephone call for our training or quality control purposes during such call.

Information we gather from your use of our Services.

We, like many websites and applications, collect information about what parts of our Services you use and how you use them. Information we may gather includes, but is not limited to:

• Computer or browser information such as your system activity, the domain name of the web site from which you linked to our Services, the time and duration of your use of our Services and any queries, browser type, and browser language.
• Device information such as your hardware model, operating system, operating system version, mobile device type, unique identifiers from your computer or mobile device, application download information, and/or IP address.
• Location information such as your geolocation when you use our Services from a mobile device and/or mobile application. We may ask for you to manually provide precise location information or to enable your mobile device to send us precise location information.

Please see the section titled “Cookies and Web Beacons” below for more information regarding what cookies are and how you can manage them as part of your use of our Services. We may also use unique identifiers, Flash cookies, web beacons, web server log information, or other technologies to collect information about you. In addition to the information that we collect from you for our own Services, we may collect information from you for third parties for purposes such as ad targeting, optimization and reporting.

We collect information from you and our other users pursuant to the following legitimate business interests: We use such information to administer our business activities and to measure and improve our Services. Information is also used to fulfill your requests, conduct research, and develop new services and/or offer additional products and services to our visitors. For example, Higher Digital may use your IP address to determine which language to use when displaying web pages available through the Services. In addition, information collected from end-users may be used in aggregate form to, among other things, determine the total number of end-users who are using our Services, prepare utilization reports for our Partners (as defined below), diagnose and fix compatibility problems or other problems with our Services, and perform statistical analyses to enable us to build higher quality, more useful online Services. We may use your information to process information requests you submit, to make you aware of new or other Services that we offer, or to help conduct surveys to assess and improve our Services, business and related products and services. If you submit a request for information about Higher Digital through our Services, we may use your e-mail address to assist you with any issues you may have or to send you an e-mail that gives you the opportunity to elect to receive periodic e-mail alerts from Higher Digital regarding developments at the company.

We may also use your e-mail address to send you important notices. Since this information is important to your use of our Services, you may not opt out of receiving these communications.

We use Business Information to create accounts for businesses, to communicate changes to the Services, to improve the Services, to provide anonymous reporting for our internal purposes and for reporting to third-parties, and to market Higher Digital products and services, and those services of our Partners to such businesses.

We may combine your Personal Information that we have with other information that we obtain from business partners or other companies. We may also combine your Personal Information with Non-Personal Information. If we do so, the combined information will be treated as Personal Information for as long as it remains combined.

In providing our Services to you, we may find it necessary to share your information with partner organizations or independent third-party service providers (collectively, “Third Parties”), or to allow such Third Parties to gather information directly from you.

Some of this information that you provide to us or Third Parties may include your Personal Information. We may share your Personal Information with Third Parties in certain circumstances including the following situations:

• Consent: We will share Personal Information with Third Parties when we have a legitimate business interest, or we have your consent to do so. We will update this policy and inform you in the event of any material change in our information sharing practices.
• Third Parties: We provide your Personal Information to Third Parties who work with us to provide our Services. Our Services with which Third Parties may assist us include among other things, communicating with you about new or existing Higher Digital services, creating or maintaining our databases, researching or analyzing our users, or processing payment card information.
• Affiliates: We may share your Personal Information with any and all of our Affiliates. “Affiliates” means any entity controlled by, controlling, or under common control with Higher Digital Inc.. Our Affiliates will use and distribute your information in accordance with the terms of this Privacy Policy.
• Legal Issues: Higher Digital will use your Personal Information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We will also use or share your Personal Information in order to prevent, or take action regarding any illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law even without a subpoena, warrant, or court order.
• Acquisition or Merger: If in the future we sell or transfer our assets or portions of our business, or if we experience a change in control, reorganization or liquidation, we may transfer information to our successor or buyer, subject to the terms of this Privacy Policy.
• Business Information: Your termination of any services with Higher Digital or our Partners will not result in our deletion of your Business Information, nor will we necessarily discontinue our use of your Business Information following your termination except as required by law. We will not provide your credit card information to any third party except as necessary to provide or assist our Services. Please contact us at privacy@higher.digital to initiate any deletion and prevent our further use of your Business Information.

We reserve the right to share your Non-Personal Information publicly and with others. Transfers of your information shall at all times be in accordance with applicable law. Higher Digital disclaims any liability or obligation as a result of any third-party actions or omissions concerning your information, including those occurring as a result of our sharing and disclosure pursuant to this Section 5. We urge you to contact third parties directly with any issues you may have concerning their use of your information. Please see the section titled “Third Party Practices” below for more information on third-party use of your information.

When you use our Services, a cookie that uniquely identifies your browser may be sent to your computer or mobile device. A “cookie” is a small file containing your preferences that is sent to your browser and sent back by your browser each time your browser accesses our servers. Cookies that we may use may only be read by the server that placed them there. We use cookies to improve the quality of our Services (for example, by fulfilling your language, filtering and other preferences) and to better understand how people interact with our Services (for example, by tracking user trends and patterns of associated with the use of our Services).

We may use the services of web analytics companies to help us measure the effectiveness of our Services. To do this, we allow the web analytics companies to include Web beacons and cookies on the web pages of our Services. The type of information collected via such Web beacons and cookies includes click-throughs by users and other similar information. By supplementing our records, this information helps us learn things like user preferences, click-through rates, how to improve our Services, and what kinds of offers our users like to see. Although our web analytics companies log this information on our behalf, we control how that data may be used.

Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Services may not function properly without cookies. If you would like more information about cookies and how to control and delete cookies in various browsers, such as Internet Explorer, Firefox, Safari, Opera and Chrome, please click here.

You can review and update your Personal Information by contacting us at privacy@higher.digital. Generally, we will not modify your Personal Information because it is very difficult to verify your identity remotely. Upon your request, we will remove your Personal Information in accordance with applicable law, subject to the limitations set forth elsewhere herein.

We recognize our responsibility to protect the Personal Information you entrust to us. We restrict access to Personal Information to Higher Digital employees, contractors, Affiliates, Partners (as described in this Privacy Policy), and agents. We maintain physical, electronic and procedural safeguards that comply with applicable law to guard your information. While we take precautions against possible breaches in our Services and customer databases, no website or Internet transmission is completely secure. Accordingly, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of our Services is at your own risk. We urge you to take steps to protect your Personal Information when you are on the Internet by changing your passwords often using a combination of letters and numbers, and make sure you use a secure Internet browser.

Our Partners and other Third Parties are obligated by applicable law to protect the privacy of certain types of data; however, we are not responsible for their actions or omissions, including the manner in which they use information that they receive from us. Nevertheless, if you feel that any of these Third Parties, or any other third party who claims association with Higher Digital, is improperly collecting or using information about you, we urge you to contact them directly and also to inform us by e-mailing us at privacy@higher.digital.

Certain Third Parties who provide or enable any functionality on the Services may also request or require that you download certain software or collect information from you, including Personal Information, in order to access such functionality. We are not responsible for the contents of any software download or the privacy practices of these Third Parties. In addition, any web sites that you click to from one of the web pages forming a part of our Services may have been developed by third-parties over which we exercise no control. Such web sites may send their own cookies to end-users, collect data, or solicit Personal Information from you. We are not responsible for the privacy practices or the content of such web sites, including the use of any information collected when our end-users click through to such web sites. If you are concerned about the privacy policy of a third party, we strongly encourage you to contact them directly or visit their individual web sites to learn more about their individual privacy policies.

Third Party organizations we work with to provide services, and who might collect or store customers’ personal information, include the following:

1. Microsoft, which provides us with cloud infrastructure, including applications and databases used to collect and store customer information. (Azure Privacy and Terms)
2. Survey Monkey, which provides us with survey and data collection capabilities used to perform our Digital Health Assessment and similar services. (Privacy Policy)
3. Google, which provides us with Google Analytics and other search, usage, and performance monitoring tools, and collects some personal data such as location and IP address information; however, we do not combine this with other personal information stored elsewhere. (Privacy Policy)
4. Pipedrive, which provides us with our customer relationship management system. (Privacy Policy)
5. Lead Forensics, which provides organization and contact information about industry visitors to our web site. (Privacy Policy)
6. SendGrid, which provides email marketing services and stores various contact lists as well as an unsubscribe list. (Privacy Policy)
7. LinkedIn provides code that enables more robust sharing of content. (Privacy Policy)
8. Facebook provides code that enables more robust sharing of content and better analytics about it. (Privacy Policy)
9. Twitter provides code that enables more robust sharing of content and better analytics about it. (Privacy Policy)

COPPA

We comply with the Children’s Online Privacy Protection Act (COPPA). For more information about COPPA and children’s privacy, please click here. When we use the term “parent” below, we mean to include legal guardians.

Children under the age of 18

Our Service is not directed to children under the age of 18. If you are under the age of 18, you are prohibited from accessing the Services and may not give us any Personal Information or participate in any aspect of our Services. Except as may be required by law, we will not knowingly collect, maintain, or disclose any Personal Information from children under the age of 18.

We do not intentionally gather Personal Information about visitors or end-users who are under the age of 18. If you believe that we have collected Personal Information about a visitor or end-user who is under the age of 18, please contact us at privacy@higher.digital and such account and/or Personal Information will be deleted.

Changes to this Privacy Policy

We may revise this Privacy Policy from time to time. We will post any Privacy Policy changes on this page: www.higher.digital/privacy-policy and, if the changes are significant, we will provide a more prominent notice and/or require renewed acceptance of its terms. Your continued use of our Services after such a change has been made will signify your acceptance of such change.

California Privacy Rights Under California Civil Code Section 1798.83

California Civil Code Section 1798.83 permits end users who 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 send us an e-mail at privacy@higher.digital or mail us at Higher Digital Inc., 1775 Tysons Boulevard, 5^th Floor, Tysons, VA 22012.

Contact Us

If you have any questions about this Privacy Policy, please feel free to contact us by e-mail at privacy@higher.digital or mail us at Higher Digital Inc., 1775 Tysons Boulevard, 5^th Floor, Tysons, VA 22012.