Privacy Policy

Effective Date (Last Updated): September 20, 2024

1. Introduction

By accessing or using the website at https://futuresafe.com you agree to comply with Futuresafe, Inc. ("FUTURESAFE "we," "us," "our") Privacy Policy.

This Privacy Policy is incorporated in and forms part of our Terms of Use. Any dispute over your privacy rights is subject both to our Terms of Use and the laws of the State of Texas. Unless separately referenced, this Privacy Policy collectively refers to our website and cybersecurity offerings as the "Services." Terms not defined in this Privacy Policy shall have their common and ordinary meaning.

This Privacy Policy describes the types of Personal Information (defined below) we collect, how we may use Personal Information, whom we may share Personal Information with, and how you may exercise your privacy rights under applicable United States and European privacy laws (collectively, the "Data Protection Laws") regarding our processing of Personal Information. This Privacy Policy also establishes how we safeguard your Personal Information and how you may contact us about our privacy practices.

You acknowledge and agree that you have read, understood, and agree to be bound by the terms and conditions of our Privacy Policy. IF YOU DO NOT AGREE TO COMPLY WITH THIS PRIVACY POLICY, IN ITS ENTIRETY, THEN YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES.

2. Personal Information We Collect

For purposes of our Privacy Policy, the term "Personal Information" consists of the following:

• Your contact information (e.g., name, e-mail, phone number, postal or other physical address);
• Your billing and financial information (e.g., billing contact name, billing address, payment information including credit card and/or bank account information, and your purchase history) from the purchase of the Services; and
• Your IP address and geolocation data (e.g., data derived from your IP address, country, and zip code).

3. Sources of Personal Information

We may acquire your Personal Information by any of the following means:

• When you browse and/or use our website;
• When you fill out any forms on our website (e.g., request more information about the Services); and
• Cookies and other automated tracking technologies. These technologies are operated by our authorized third-party partners and placed on our website (e.g., our chatbot feature) and on third-party websites which provide FUTURESAFE links.
• YouTube: Our website may use YouTube's API services in connection with embedded video provided by YouTube, a company of Google, Inc. ("Google"). As such, you acknowledge and agree that by accessing the videos linked through the embedded video, a connection to YouTube servers is established and you are bound by YouTube's Terms of Service ( https://www.youtube.com/static?template=terms ) and Google's Privacy Policy ( https://policies.google.com/privacy?hl=en )
• We do not control the collection, storage or use of any of your Personal Information by YouTube and do not have access to any Personal Information collected. If you have a YouTube account and do not wish any association of your use of the Services with your YouTube profile, please log out of your YouTube account.
• Vimeo: Our website may use Vimeo's hosting service for embedded video. As such, you acknowledge and agree that by accessing videos linked through the embedded video, a connection to Vimeo servers is established and you are bound by Vimeo's Terms of Service ( https://vimeo.com/terms ) and Privacy Policy ( https://vimeo.com/privacy ). We do not control the collection, storage, or use of any of your Personal Information by Vimeo and do not have access to any Personal Information collected. If you have a Vimeo account and do not wish any association of your use of the Services with your Vimeo profile, please log out of your Vimeo account.

4. Use of Cookies and Automated Tracking Technologie

• Background: FUTURESAFE uses cookies, web beacons (e.g., meta pixels and tags), and similar automated tracking technologies when you visit our website. These technologies read or write information on your computer or other Internet-connected electronic device ("device") by automated means in order to collect certain data that may include Personal Information. A "cookie" is a text file that a website sends to a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser. A "web beacon," also known as an Internet tag, meta pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.
• Purpose: We use cookies and other automated technologies to collect information about your device, browsing actions, and usage patterns. The Personal Information we obtain includes your IP address (a number assigned by your Internet Service Provider that identifies your device) and other identifiers including Apple Advertising Identifier or Android Advertising ID for mobile devices, device characteristics (e.g., operating system), language preferences, referring/exit pages, navigation paths, access times, browser preferences and characteristics, installed plugins, local time zones, local storage preferences, clickstream data, and other information about your online activities. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our website. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookies. Session cookies are automatically deleted when you close your browser. Persistent cookies remain on your computer or other Internet-connected device after you end your browsing session, unless you choose to delete them.
• Essential Cookies: These cookies are operational and necessary for us to provide the Services on our website and typically may not be disabled. You may set your browser to block or alert you about these cookies but parts of our website may not function properly. Essential cookies authenticate you to our website, identify you after you log in, and increase the security of the Services.
• Functional Cookies: These cookies enable our website to provide enhanced functionality and personalization. Functional cookies may be set by us or by third-party providers whose services we add to our website. Functional cookies remember your language preference and geolocation data when visiting our website and provide enhanced, personal features.
• Session Replay Technology. We use session-replay technologies provided by third parties, such as Fullstory, to: (i) record your interactions and navigation patterns when using our website; (ii) diagnose and address technical issues, (iii) to make data driven decisions to improve the Services. These technologies allow us to watch a visual video playback of your session using our Services and capture activities such as your clicks, mouse movements, scrolls, and keystrokes/key touches when you use our Services, and may also collect your Personal Information. You may learn more about Fullstory session-replay tools at https://www.fullstory.com/legal/privacy-policy/ and may opt-out of a session recording at https://www.fullstory.com/optout/ .
• Use of Chatbots . We may use third-party authorized partners to supply and support our online chat or chatbot function, which we use to handle customer inquiries in real time. If you use our online chat function, we may record and collect the contents of your online chat session which will not be shared other with any third parties than to extent required by law. Our third-party partner providing the chatbot may collect information from your session in order to track use of the services. Nothing we communicate in the online chat will be considered a legal agreement, representation, or warranty as to the Services, or our response times. You may not use the online chat to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of your online chat session. You may request a transcript of the recording of your online chat session by contacting us at: support@futuresafe.com .
• Do Not Track Signals: Certain web browsers allow you to instruct your web browser to send Do Not Track ("DNT") signals to websites you visit. DNT signals inform the website owner that you do not want your online activities to be tracked. Our website is not designed to respond to DNT signals received from web browsers. However, with most web browsers, you may take steps to limit tracking by erasing cookies from your browsing device and changing browser settings to block all cookies or provide a warning before the storage of any cookie.

5. How We Use Personal Information Collected

We may use your Personal Information for any of the following purposes:

• Provide and administer the Services or otherwise make the Services available;
• Process and fulfill purchase orders for the Services;
• Operate, evaluate, improve, and enhance the Services;
• Responding to your inquiries, or contacting you as necessary, and
• Perform accounting, auditing, billing (including credit or debit card transactions), dispute resolution, and collection activities;
• Communicate with you about your purchase orders (including purchase order confirmations, renewal or expiration notices, and other important information);
• Conduct advertising, marketing and sales activities that may interest you (including activities related to promotions, events, programs, generation of leads, marketing prospects, market research and surveys, and the management of marketing campaigns and the FUTURESAFE brand);
• Comply with and enforce relevant legal and regulatory requirements, industry standards, contractual obligations and FUTURESAFE policies including the prevention, detection, and investigation of security incidents and potentially illegal or prohibited activities.
• To create aggregate and de-identified data to use for any of lawful business purposes provided in this Privacy Policy including to analyze and improve the Services.

6. Our Purpose and Legal Basis for Collection of Personal Information

• Perform obligations pursuant to your purchase agreement for the Services;
• Fulfill our legitimate business interests including improving the Services;
• Comply with a legal obligation, court order, or to exercise or defend legal claims;
• Subject to your consent to our processing (which you may revoke at any time;
• Combine your Personal Information, whether through our website or other channels, with other sources to help improve the accuracy of our marketing and communications and to expand or tailor our interactions with you; and
• Aggregate and de-identify Personal Information before we use it for any of the purposes listed in this section and other lawful business purpose.

7. When We Share Personal Information with Third Parties

We may share your Personal Information with third-party authorized partners in any of the following instances:

• If you consent to such sharing;
• To keep you up to date on the latest announcements, third-party software updates, special offers or other information (e.g., promotional offers) we think you would like to hear from our third-party authorized partners;
• To provide the Services to you (e.g., payment processing with authorized third-party partners such as Stripe, purchase order fulfillment and delivery, hosting, customer support, customer relations management, marketing campaigns, and data analytics). These third-party authorized partners are contractually required to: (i) safeguard all information, including Personal Information, provided to them; (ii) to delete such information when no longer required for processing; and (iii) to refrain from using or disclosing such information except as necessary to perform the Services on our behalf or to comply with applicable legal requirements;
• If we are required to share your Personal Information under applicable law, regulation or legal process (e.g., a court order or subpoena) or with law enforcement authorities or other government officials to comply with a legitimate legal request (e.g., an investigation of reasonably suspected or actual fraud, illegal activity or in response to a security issue);
• If we believe disclosure is necessary to prevent physical harm or financial loss to FUTURESAFE or the public as required or permitted by law or in order to establish, enforce, or defend our legal rights;
• In the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business transaction; and
• Under applicable Data Protection Laws, including European Data Protection Laws, the definition of a "sale" of Personal Information includes disclosures of Personal Information to a third-party for monetary or valuable consideration. FUTURESAFE does not sell your Personal Information under the preceding definition or as that term is commonly understood. When you use the FUTURESAFE website, our third-party authorized partners may collect cookies and similar technology and use this Personal Information (e.g., your IP address or information about your online activities) for their own purposes, including improving their services. This activity may qualify as a "sale" under certain Data Protection Laws. You may decide whether to allow or prevent such uses by clicking on the Cookie Preferences link on this page.

8. Social Media and Other Third-Party Links

Our website may contain external links to and from:

• Social media platforms; and
• Third-party websites.

When you click on social media links on our website, we may collect additional information from or about you, including your screen names, profile picture, contact information, contact list, and the profile pictures of your contacts. Please be advised that social media platforms and third-party websites may also collect information from you. We do not have control over nor are we responsible for the collection, use, and sharing practices of social media platforms and third-party websites. We recommend you carefully review their privacy policies before you provide Personal Information on a social media platform or third-party website.

9. How We Safeguard Personal Information

While FUTURESAFE strives to protect your Personal Information, FUTURESAFE cannot ensure or warrant the security of any Personal Information you transmit to or from our website, by e-mail or otherwise, and you provide Personal Information at your own risk. FUTURESAFE cannot guarantee against any loss, misuse, unauthorized disclosure or access, alteration or destruction of data or Personal Information.

By using the Services, you acknowledge that:

a. There are security and privacy limitations within computer systems and on the Internet which are beyond the control of FUTURESAFE;

b. The security, integrity, and privacy of any and all information and data exchanged between you and FUTURESAFE through our website cannot be guaranteed; and

c. Any information and data may be viewed or tampered with by an unauthorized third-party while such information or data is being used, transmitted, processed, or stored.

10. Notice to California Residents

If you are a California resident, the California Privacy Rights Act ("CPRA") grants the below rights with respect to your Personal Information.

• Right to Transparency: At the time we collect Personal Information, you have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used.
• Right to Access/Right to Know: You have the right to request access to Personal Information we collected about you and information regarding the source of that Personal Information, the purposes for which we collect it, and the third-party authorized partners with whom we share it.
• Right to Deletion: You have the right to request that we erase Personal Information we have collected from you. Please note that we may have a reason to deny your deletion request or delete Personal Information in a more limited way than you anticipated (e.g., because of a legal obligation to retain it or to provide the Services under your order)
• Right to Request Correction: You have a right to request correction of inaccurate Personal Information.
• Right to Opt-Out of Sale and Share: You have the right to request that we stop "selling" your Personal Information as that term is defined in the CPRA. A "sale" of Personal Information is defined under the CPRA as "selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, an individual's Personal Information by the business to another business or a third-party for monetary or other valuable consideration." The CPRA defines "sharing" of Personal Information as "sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, an individual's Personal Information by the business to a third-party for cross-contextual behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third-party for cross-contextual behavioral advertising for the benefit of a business in which no money is exchanged." Applying the preceding CPRA definitions, FUTURESAFE does not either "sell" or "share" your Personal Information.
• Right to Non-Discrimination: You have the right to not be discriminated against for exercising any of your privacy rights. The right is violated if you are: denied any of our goods or services, charged different prices for goods or services, provided different levels of quality for goods or services, or if we suggest that you will be charged different prices for goods or services or provided different levels of quality for goods or services. Please note your exercise of these rights may limit our ability to process Personal Information (e.g., in the case of a deletion or a do not sell request) and we may no longer be able to provide you with the Services or otherwise engage with you in the same manner.
• Right under Shine the Light Law: Subject to certain limitations, you may ask us to provide a list of the types of Personal Information that we disclose to third parties for their direct marketing purposes, and the identities and physical address of such third parties.
• Categories of Personal Information We Collect: We collect the categories of information described in the table below.

• Categories of Personal Information We Disclose: We may disclose any of the categories of information listed above and use them for the purposes listed below.

• Categories of Personal Information We "Sell": We do not sell Personal Information, under any category provided above, to any third-party for monetary or other valuable consideration nor have we done so in the preceding twelve (12) month period.
• To exercise your CPRA privacy rights, please e-mail support@futuresafe.com with the subject line " CPRA Request ."
• To exercise your Shine the Light Law privacy rights, in California, please e-mail support@futuresafe.com with the subject line " California Shine the Light Request ."

11. Notice to Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia Residents

If you are a resident, of the State of Colorado, Connecticut, Oregon, Texas and Utah, or the Commonwealth of Virginia, Data Protection Laws grant the below rights with respect to your Personal Information.

• Right to Access Information: You have the right to confirm if FUTURESAFE processes your Personal Information and, in such cases, the right to access your Personal Information.
• Right to Request Deletion: You have the right to request that we delete Personal Information provided by you or otherwise obtained about you.
• Right to Correct: You have the right to correct inaccuracies in your Personal Information.
• Right to Portability: You have the right to obtain a copy of your Personal Information in a format that is: (i) portable to a technically reasonable extent; (ii) readily usable to a practical extent; (iii) enables you to transmit the Personal Information to another entity reasonably easily if the processing is carried out by automated means.
• Right to Opt-Out of Targeted Advertising: You may ask us not to use or disclose your Personal Information for the purposes of targeting advertising to you.
• Right to Opt-Out of Information Sales: You may ask us not to "sell" your Personal Information to our third-party authorized partners.
• Right to Non-Discrimination: You have the right to not be discriminated or retaliated against for exercising any of your privacy rights. The right is violated if you are: denied any of our goods or services, charged different prices for goods or services, provided different levels of quality for goods or services, or if we suggest that you will be charged different prices for goods or services or provided different levels of quality for goods or services. Please note your exercise of these rights may limit our ability to process Personal Information (e.g., in the case of a deletion or a do not sell request) and we may no longer be able to provide you with the Services or otherwise engage with you in the same manner.
• How to Exercise Your Privacy Rights: To submit a request to exercise your privacy rights, please e-mail support@futuresafe.com with the subject line " Privacy Rights Request " and let us know in which state you live.

12. Notice to European Residents

European Data Protection Laws, including the General Data Protection Regulation ("GDPR") and the United Kingdom Data Protection Act grant certain rights regarding your Personal Information. Under these laws, FUTURESAFE is the "processor" of your Personal Information. A "processor" is defined as an organization that processes Personal Information on behalf of other organizations. We process Personal Information only with your consent through one of our European distributors or in accordance with the table below.

If you are a resident of Europe, you may request that we take any of the following actions with respect to your Personal Information:

a. Right to Access: You have the right to request access to Personal Information we collected about you and information regarding the source of that Personal Information, the purposes for which we collect it, and the third-party authorized partners with whom we share it.

b. Right to Request Correction: You have a right to request correction of inaccurate Personal Information.

c. Right to Restrict: You have a right to restrict the processing of your Personal Information.

d. Right to Withdraw: You have right to withdraw your consent to the processing and use of your Personal Information completely or partially at any time with future application.

e. Right to Portability: You have the right to obtain a copy of your Personal Information in a format that is: (i) portable to a technically reasonable extent; (ii) readily usable to a practical extent; (iii) enables you to transmit the Personal Information to another entity reasonably easily if the processing is carried out by automated means.

f. Right to Lodge a Complaint: You have the right to complain to the responsible supervisory authority if you believe that processing of your Personal Information in violation of European Data Protection Laws. Please review "How to Submit a Complain" below.

g. How to Exercise Your Privacy Rights: To exercise your privacy rights under European Data Protection Laws, please e-mail support@futuresafe.com with the subject line " CPRA Request ." You may be subject to a reasonable fee to meet our costs in providing details of Personal Information we hold about you.

h. Automated Decision-Making and Profiling: For purposes of this Privacy Policy, automated decisions are defined as decisions about individuals that are solely based on the automated processing of Personal Information and that produce legal effects for the individual involved. This means processing using, for example, third-party software code or an algorithm, which does not require human intervention. We do not use automated decision-making. FUTURESAFE may use profiling to capture data analytics from aggregated, de-identified website traffic.

i. How to Submit a Complaint. You have the right to submit a complaint about how we process your Personal Information or our response to your requests regarding your Personal Information. To lodge a complaint, you may contact support@futuresafe.com or submit a complaint to your applicable regulator for European Data Protection Laws. In the European Economic Area, you can find your data protection regulator here . In the United Kingdom, you can find your data protection regulator here .

13. Retention and Deletion of Personal Information

To the extent permitted by applicable law, we may retain Personal Information:

a. For the purposes for which we obtained it, in accordance with the terms of this Privacy Policy, which means that we will keep your Personal Information for the duration of our relationship; or

b. To comply with applicable laws, resolve disputes and collect any fees owed to us, and enforce our customer agreements. We retain billing information for as long as needed to process your purchases. Your IP address is retained for as long as needed to ensure our information systems function effectively.

c. In aggregate, de-identified form to capture data analytics from when you visit our website.

The CPRA requires that we disclose the criteria used to determine how long we retain Personal Information. Our records contain several categories of Personal Information combined together and therefore we consider, on a case-by-case basis, a number of factors to assess how long Personal Information is retained. These factors include the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we may achieve those purposes through other means, and applicable laws.

We will delete or de-identify your Personal Information, including your payment information, that is no longer required. If deletion is not possible (e.g., when your Personal Information is stored in our backup archives), we will secure and isolate your Personal Information from further processing until deletion is possible.

14. Identity Verification Process

Before responding to an individual's request for Personal Information under applicable Data Protection Laws, FUTURESAFE must verify the identity of the requestor. Identify verification is important to protect your Personal Information against fraudulent activity and unauthorized access and otherwise confirm we are responding to the correct individual. To verify the request, we will initially ask for two (2) or three (3) personal identifiers, such as name, e-mail address, and location. If we have a need to request additional identifiers to reasonably verify your identity, we will contact you and request additional verification. The Personal Information we ask to verify your identity depends on your relationship with FUTURESAFE.

When you exercise your privacy rights under the applicable Data Protection Laws, you can designate an authorized agent or representative to make a request on your behalf by providing the authorized agent with written permission to do so and verifying your identity with us as part of the request, or by providing the authorized agent with Power of Attorney pursuant to applicable law (e.g., the California Probate code). We will ask the individual submitting the request to denote that they are an authorized agent or representative. When submitted by your authorized agent or representative, we request your authorized agent or representative to provide their name, e-mail and a description of their relationship with the individual who is the subject of the request and to certify that the representative is authorized to submit the request and may request written proof of the individual's authorization.

15. Children's Personal Information

FUTURESAFE is not intended for use by individuals who are under the age of 16 years old or the age of majority (""Children" or "Child") in your jurisdiction. If you are the parent or guardian of a child from whom you believe we have collected Personal Information, please contact us at support@futuresafe.com .

In compliance with the Children's Online Protection Privacy Act ("COPPA) and certain state-specific Data Protection Laws, if FUTURESAFE becomes aware that we receive any Personal Information directly from a Child without verified parental consent, we will use that Personal Information only to inform the Child (or the parent or legal guardian) that the Services may not be used and otherwise delete such Personal Information.

16. International Transfers of Personal Information

Please be aware that Personal Information we collect may be transferred to and maintained on servers or databases located outside of your state, province, country, or other jurisdiction, where Data Protection Laws may be less protective than those in your jurisdiction. If you are located outside of the United States, please be advised that we process and store Personal Information in the United States. We may transfer Personal Information pursuant to your consent or when such transfer is necessary for the fulfillment of a purchase order.

17. Changes to this Privacy Policy

We reserve the right, in our sole discretion, to make periodic changes or amendments to this Privacy Policy in order to maintain compliance with applicable Data Protection Laws, or to otherwise reflect any changes to our data collection practices. The "Last Updated" date at the top of this Privacy Policy will alert you to any change to this Privacy Policy but you otherwise waive any right to receive specific notice of each such change. We encourage you to periodically review this Privacy Policy to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, changes reflected in any updated Privacy Policy by your continued access to and use of our website after the date we post any update to this Privacy Policy.

18. How to Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like to exercise your privacy rights regarding Personal Information that FUTURESAFE collects, you may contact us at:

• E-mail: support@futuresafe.com
• Physical Address: 7301 Ranch Road 620N Suite 155-161 Austin, TX 78726