Your privacy is important to Timus Networks, Inc. (“Timus”, “we” or “us”). This Privacy Policy describes the information practices of Timus in connection with the Website, the Services, the Management Portal, and the Timus Connect application, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared. As described below, this Privacy Policy applies to your interactions with the Website, Management Portal, Timus Connect, as well as any information that you provide to Timus or Partners in connection with the Services.

BY USING THE WEBSITE, SERVICES, MANAGEMENT PORTAL, OR TIMUS CONNECT, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE, SERVICES, MANAGEMENT PORTAL, OR TIMUS CONNECT.

Please carefully read this Privacy Policy as it may have changed since your last visit to the Website, Management Portal, or Timus Connect. Continued use of the Website, Management Portal, or Timus Connect indicates your understanding and acceptance of any changes made to this Privacy Policy and posted to the Website, Management Portal, and Timus Connect. This Privacy Policy does not cover the privacy practices of any third-party websites to which the website may link.

Definitions:

“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Timus.

“Contact Form” means a form available on the Website that can be used to submit information to Timus for any purpose, such as contacting Timus or requesting a demonstration of the products or services offered by Timus.

“Customer” means an entity or person that has purchased the Services to use within their business and not for resale.

“End User” means those individuals that use the Management Portal or Timus Connect, whether on behalf of a Partner or Customer, including the use of a device monitored by a Customer or Partner through Timus Connect.

“Management Portal” means the web page through which Partners, Customers, or their End Users can configure the security and network settings related to the Services.

“Partner” means a Timus authorized reseller of, or managed services provider for, the Services and provider of other professional services related thereto.

“Services” collectively refers to (i) the features and functionality accessible through the Management Portal and Timus Connect, and (ii) support and maintenance services performed by Timus. All references in this Privacy Policy to “use of the Services” or “using the Services” include the use of the Management Portal and Timus Connect.

“Timus Connect” refers to the mobile, laptop, or desktop application available for download from the Website or a third-party app store or other distribution platforms for those operating systems supported by Timus, which Timus makes available as part of the Services.

“Website” means https://www.timusnetworks.com/

“Website Visitor” means any person who uses the Website, which includes browsing the Website or submitting a Contact Form.

Applicability: If you are a Website Visitor, Customer, Partner, or End User, please read this Privacy Policy carefully as it applies to you. This Privacy Policy applies to all information collected by or on behalf of Timus in connection with the following:

· Use of the Website;

· Procurement and use of the Services;

· Use of the Management Portal; and

· Use of Timus Connect.

Please note that certain information may be collected from Customers by Partners on behalf of Timus, such as information provided when a Customer purchases or registers for Services, and this Privacy Policy only covers the practices of Timus with respect to such information. This Privacy Policy does not cover the practices of Partners or any other third parties, nor does it cover information collected by Partners for purposes other than on behalf of Timus in connection with the Services. For example, if a Partner provides its own services to Customers (such as technical support or other professional services), the exchange of information in connection with such services is not subject to this Privacy Policy.

Information we collect: We collect several types of information from and about Website Visitors, Customers, Partners, and End Users, including the following:

· Personal information, which is data that reasonably can be used to identify or describe an individual, such as your name, business affiliation, postal address, telephone number, or email address. We collect personal information only when you voluntarily provide it to us. You do not need to provide personal information to simply browse the Website. You will need to provide personal information to access and use the Services, and you have the right to request that we delete your personal information. The personal information we collect (if you provide it to us) may include, but is not limited to:

· your first and last name;

· your business affiliation;·o your home, billing, or other physical address (including street name, city/town, state/province, postal code);

· your email address;

· your telephone number;

· your financial information, including credit card or bank account information; and

· any other identifier that permits Timus to make physical or online contact with you.

· Information that is about you but individually does not identify you.

· Information about your internet connection, internet usage details, application usage details, and the equipment you use to access the Website or Services or any component thereof.

How we Collect Your Information: Timus collects your information directly from you when you provide it to us, as described below in this section of the Privacy Policy. We may also collect certain information automatically as you use the Website or Services. Please review the section further below in this Privacy Policy titled “Cookies and Tracking Technologies” for more information on our automatic collection practices.

We may collect information, including personal information, directly from you when:

• you submit a Contact Form;

• you use the Services;

• you create an account to access the Management Portal or Timus Connect;

• you subscribe to receive emails or newsletters from Timus;

• you request a demonstration of the Services;

• you participate in surveys and evaluations;

• you request information or materials;

• you apply for a position, or submit your resume to Timus;

• you submit questions or comments to Timus;

• you submit any other information to Timus; or

• you contact Timus by any means using information available on the Website or through the Services.

We also may collect your information from Partners if you provide information to them in connection with procuring or using Services.

How We Use Your Information: Timus collects and uses your information, including your personal information, to operate and improve the Website, Management Platform, and Timus Connect, and to deliver the services or carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the Website, Management Platform, and Timus Connect easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services, and technologies; and displaying content and advertising that are customized to your interests and preferences.

We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, information updates, billing information, information on technical service issues, and security announcements. We may also contact you to inform you of other products or services available from Timus and its Affiliates.

Personal information collected on the Website and through the Services may be stored and processed in the United States or any other country in which Timus or its Affiliates, subsidiaries or agents maintain facilities, and by using the Website or Services, you consent to any such transfer of information outside of your country.

Sharing of Information: Timus will not sell, rent, or lease your information, including your personal information, to others. Timus shares personal information with its Affiliates and other companies working on our behalf. Except as described in this Privacy Policy, we will not disclose your personal information to third parties for their own marketing purposes unless you have provided consent.

Timus may share your information, including personal information, with its Affiliates. The information submitted through Contact Forms may be stored and processed by Affiliates in the United States or any other country in which the Affiliates maintain facilities, and by submitting a Contact Form, you consent to any such transfer of information outside of your country.

In some cases, we use third parties to collect, use, analyze, and otherwise process information, including personal information, on our behalf. This includes our use of certain products and services provided by third parties for the purposes of enabling certain features on the Website, Management Portal, and Timus Connect. For example, if you submit a Contact Form or otherwise provide information to us through the Website, the information you submit may be processed by third-party providers that we use to enable Contact Forms and other interactions on the Website. We occasionally hire other third parties to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. For example, we may use a third-party payment processor to facilitate purchases of subscriptions to use the Services. Service providers will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

If you request something from the Website or through the Services (for example, a product or service, a callback, or specific marketing materials), we will use the information you provide to fulfill your request or inquiry. To help us do this, we may share information with our providers or Partners.

We may access or disclose your information, including your personal information, if we believe such action is necessary to: (a) comply with the law or legal process served on Timus; (b) protect and defend the rights or property of Timus (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of our customers or members of the public.

Cookies and Tracking Technologies: When you use the Website or Services, we may use automatic data collection technologies to collect certain information about you and your device. The type of information we may automatically collect when you use the Website or Services includes:

· Usage Details. We may automatically collect certain details of your access to and use of the Website or Services, including traffic data, logs, browsing actions and patterns, and your activities and interactions on the Website, Management Platform, and Timus Connect.

· Device Information. We may collect information about your device and internet connection, including the device’s unique identifier, IP address, operating system, browser type, mobile network information, and telephone number.

· Location Information. When you use Timus Connect, we may also collect real-time information about the location of your device.

· Behavioral Tracking. We also may use tracking technologies to collect information about your online activities over time and across third-party websites or other online services. Click here to opt out of behavioral tracking.

If you do not want us to automatically collect these types of information, do not use the Website or Services and do not download Timus Connect.

The technologies we use for automatic information collection include cookies (whether browser cookies or mobile cookies). A cookie is a small file placed on your device. Cookies are commonly used to track internet activity and provide an enhanced experience when using the internet. Timus may use cookies to collect non-personally identifiable information. We use cookies to help us better understand Website usage in the aggregate so that we know what areas of the Website users prefer. Third-party vendors, including Google, may use cookies to serve ads to you while you are using the Website or Services based on your prior visits. It may be possible to refuse to accept cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting, you may be unable to access certain parts or features of the Website or Services.

In addition to cookies, we may use additional tracking technologies in connection with your use of the Services. These include technologies that track your activities on the Management Platform and Timus Connect and additional information about your device such as its configuration settings and patterns of usage among multiple devices. We use these technologies to collect information that is relevant to the nature of the Services, and we do not sell or share the information collected through these technologies with any third parties.

Your Choices: Timus provides a number of ways for you to “opt-out” of receiving additional information from us, or having us provide your personal information to our partners. We may offer you these choices at the time you give us your personal information.

If you do not wish to continue receiving certain marketing materials (e.g., email messages), you can opt-out of receiving these materials by following the unsubscribe instructions provided in the materials. This option does not apply to communications primarily for the purpose of administering orders, contracts, support, product safety warnings, software updates, or other administrative and transactional notices.

Updating Your Information: To modify the contact information that you have provided to us, you can contact us at [email protected] or by mailing us at 245 First Street, Riverview II, 18th Floor, Cambridge, MA 02142.

Safeguarding your information: In order to protect your information, including your personal information, from improper disclosure, Timus uses commercially reasonable efforts to maintain a secure operating environment to protect any information we collect. We use the most accurate and current information you provide in order to process your request. Once received, we limit access of your information to only those employees with a legitimate business need to review them. Furthermore, whenever you transmit personal information, such as credit card information, to us through our website, we provide you access to a third-party server that allows encryption across the internet. Browsers offer varying degrees of security, particularly in regard to encryption. Even the same version of a browser can come with different levels of encryption. See your browser’s settings or documentation for more information. Finally, we take care to dispose of your information properly so that third parties will not be able to access it. This includes destroying, erasing, or making unreadable the information. While we are committed to protecting your privacy, please be aware that no transaction over the internet can be completely secure.

Enforcement: Timus regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this statement or our treatment of personal information by contacting us at the link or address indicated below.

Links to Other Websites: The Website and Services may provide links to third-party websites, such as those of our business partners, payment processors, and online advertisers. You should review their privacy policies to learn more about what, why, and how they collect and use personally identifiable information.

For Questions or Concerns: If you have questions or concerns regarding this statement, you should first contact [email protected]. Other correspondence may be sent to Timus Networks, Inc. 245 First Street, Riverview II, 18th Floor Cambridge, MA 02142

Changes to this Privacy Policy: Timus reserves the right to change this Privacy Policy from time to time. If we do make changes, the revised Privacy Policy will be posted on the Website.

NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR LEGAL GUARDIANS: THE WEBSITE AND SERVICES ARE INTENDED FOR ADULTS. WE DO NOT KNOWINGLY OR INTENTIONALLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, PLEASE DO NOT PROVIDE ANY PERSONAL INFORMATION TO TIMUS. IF YOU KNOW OF ANYONE UNDER THE AGE OF 18 WHO HAS PROVIDED US WITH INFORMATION, PLEASE CONTACT US IMMEDIATELY AND WE WILL REMOVE THE INFORMATION.

SPECIFIC PROVISIONS FOR CALIFORNIA RESIDENTS: This section of the Privacy Policy applies only to individuals who reside in California. The California Consumer Privacy Act of 2018, as amended and supplemented by the California Privacy Rights Act of 2020 (collectively the “CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing Personal Information to provide notices and means to exercise rights. For Purposes of this section, “Personal Information” has the definition set forth in the CCPA.

California Notice of Collection: We or our service providers have collected the following categories of information enumerated in the CCPA in connection with the Websiteand Services:

· First and last name, home, billing or other physical address (including street name, city/town, state/province, postal code, and country of origin), e-mail address, and telephone number, to the extent you are interacting with the Website, Management Portal, or Timus Connect;

· Information, services and products considered, accepted, rejected and other use data;

· Any other identifier that permits us to make physical or online contact with you;

· Internet activity, including history of visiting and interacting with the Website, Management Portal, or Timus Connect, browser type, browser language, applications used, and other information collected automatically; and

· Any other information you have chosen to provide to us through the Website, Management Portal, or Timus Connect.

We do not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA would be interpreted to include any of the activities described in the “Sharing of information” section above, we will comply with applicable law as to such activity.

Right to Know and Delete: If you are a California resident, you have the right to delete Personal Information we have collected about you and you have the right to know certain information about our data practices. In particular, you have the right to request the following:

· Categories of Personal Information we have collected about you;

· Categories of sources from which the Personal Information was collected;

· Categories of Personal Information about you we disclosed for a business purpose or sold;

· Categories of third parties to whom the Personal Information was sold or disclosed for a business purpose;

· Business or commercial purpose for collecting or selling the Personal Information; and

· Specific pieces of Personal Information we have collected about you.

To exercise any of these rights, please submit a request to us at [email protected]. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. Please note that, in many instances, we do not collect types of information that enable us to identify you. As such, if we do not have information that permits us to verify your identity, we may deny your requests to know or delete. A request for access can be made by you only twice within a twelve (12) month period.

Right to Opt Out: Under the CCPA, you have the right to opt out of the sale of your Personal Information to third parties at any time. Timus does not “sell” your Personal Information as it is currently defined under the CCPA. You may contact us by emailing us at [email protected] if you have any questions or concerns.

Authorized Agent: You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

California Do-Not-Track Notice: We do not track our Website users over time and across third party websites and therefore do not respond to Do Not Track (DNT) signals.

Notice to International Residents: Timus is headquartered in the United States. The Website, Management Portal, and Timus Connect are primarily operated and managed on servers located and operated within the United States. In order to use the Website or Services, you may be sending your personal information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred.

ADDITIONAL INFORMATION FOR USERS IN THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM: Timus is established in the United States and has operations and service providers in the United States and throughout the world. As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide levels of data protection equivalent to those in your country of residence. By using the Website or Services, or otherwise interacting with us, regardless of where you live or where you provide information to us, you consent to our use and our service providers’ use of your personal information worldwide and to the transfer of your personal information to countries outside of your country of residence, including the United States. In certain circumstances, courts, regulatory agencies, law enforcement agencies, or security authorities in those other countries may be entitled to access your personal information.

Timus is aware of the July 16, 2020 ruling by the European Court of Justice invalidating the EU-US Privacy Shield Framework. Accordingly, we will take adequate measures designed to protect the transfer of Personal Information of individuals in the European Economic Area (EU Member States, Iceland, Liechtenstein and Norway) (“EEA”), such as relying on the European Commission-approved Standard Contractual Clauses (“EU SCCs”) as a legal mechanism for such transfer, or other adequate transfer mechanism as required under relevant data protection laws, as well as additional safeguards, where appropriate. A copy of these clauses may be obtained by contacting us at the email address listed below.

For transfers to or from the United Kingdom (“UK”), we make use of the EU SCCs, as modified by the UK’s International Data Transfer Addendum (collectively the “UK SCCs”). For individuals located in the EEA or the UK, the term “personal information,” as used in this section, is equivalent to “personal data” under applicable European and UK data protection legislation.

If you are located in the EEA, the UK, or Switzerland, you have certain rights and protections under applicable law regarding the processing of your personal information, as defined by the General Data Protection Regulation (“GDPR”), and this section applies to you.

Legal Basis for Processing: When we process your personal information, we will do so in reliance on the following lawful bases:

· To perform our responsibilities under our contract with you (e.g., providing the services you requested).

· When we have a legitimate interest in processing your personal information to operate our business or protect our interests (e.g., to provide, maintain, and improve our services, conduct data analytics, and communicate with you).

· To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of non-administrative communications).

· When we have your consent to do so (e.g., when you opt in to receive non-administrative communications from us). When consent is the legal basis for our processing your personal information, you may withdraw such consent at any time.

Data Retention: We store personal information associated with your account for as long as your account remains active. If you close your account, we will delete your account data within thirty (30) days, unless reasonably necessary to comply with our legal, regulatory, or other compliance obligations. We store other data for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

Your Rights: For users in the European Union, according to the GDPR, you have the following statutory rights:

· Information. At the point where personal information is collected from the data subject, as defined by the GDPR, or obtained from another source, there is a requirement to inform the data subject about our use of that personal information and the rights of data subjects over it. Compliance with this right is provided within this Privacy Policy.

· Access. You have the right to obtain confirmation as to whether or not personal information concerning you is being processed, and, where that is the case, all necessary information to make the process transparent. You also have the right to obtain a copy of your personal information being processed.

· Rectification. You have the right to require rectification of inaccurate data about you.

· Erasure. You have the right to ask for the deletion of your data in certain circumstances.

· Restrict processing. You have the right to restrict processing of data under certain specified circumstances.

· Data portability. You have the right to request for the receipt or the transfer to another organization, in a machine-readable form, of your personal information.

· Object to processing. You have the right to ask us to stop using all or some of your personal information under certain specified circumstances.

· Right to withdraw consent. When you have given your explicit consent for the processing of your data, you can withdraw it at any time without justification. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

If would like to exercise your rights, please let us know by sending an email at [email protected].

You also have the right to lodge a complaint with your local Data Protection Authority or to the Data Protection Authority where the alleged infringement took place.

This Privacy Policy was last amended on 5 January 2024.