Overview

This Privacy Policy explains how information is collected, used, and disclosed by Acclinate, Inc. (“Acclinate”) (“#NOWINCLUDED”) and applies to information collected when you use or access Acclinate and #NOWINCLUDED website at www.acclinate.com or www.nowincluded.com (the “Website”) or when your information is submitted to Acclinate by our customers via the services we offer to them (our “Product”) (collectively, the “#NOWINCLUDED”). We respect the privacy rights of users and recognize the importance of protecting information collected about you. Please read the following carefully to understand how we will collect, use, and maintain your personal information. It also describes your choices regarding the use, access, and correction of your personal information.

Changing our Policy

We may change this Privacy Policy from time to time. If we make any changes, we will revise the “Last Updated” date at the end of this Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). If there are material changes to this Privacy Policy, we will notify you more directly by email or means of a notice on the home page prior to the change becoming effective. We encourage you to review our Privacy Policy whenever you access the Acclinate or #NOWINCLUDED platform to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this Privacy Policy and do not wish your information to be subject to the revised Privacy Policy, you will need to deactivate your account with us and stop using Acclinate’ services/products. Your use of Acclinate’ or #NOWINCLUDED after the posting of such changes shall constitute your consent to such changes.

Information Collected

We may collect certain user information (including personal information and/or sensitive personal information) in the following ways:

Information You Provide To Us. We collect information you provide directly to us including when you visit our websites and/or use Acclinate products/tools.

• For example, we collect information when you enter into an agreement with Acclinate or #NOWINCLUDED as a customer, create or modify your profile and account, access and use the #NOWINCLUDED Service (including but not limited to when you upload, download, or share information), participate in any interactive features of the #NOWINCLUDED, submit a contact form, participate in a survey, activity or event, apply for a job, request customer support, or communicate with us via third-party social media sites. You may, however, visit our website anonymously.
• The types of information we may collect directly from you include your name, username, email address, postal address, phone number, information about your Product account preferences, employer’s name, job title, transactional information (including services purchased or subscribed to and billing address), your registration for and attendance at events, your newsletter subscriptions, as well as any contact or other information you choose to provide. Please be aware that the information you choose to provide in your #NOWINCLUDED Product account profile may reveal or identify information that is not expressly stated (for example, information you provide may reveal your gender). We also store information that you upload or provide to the Acclinate or #NOWINCLUDED (“Content”) in order to provide you with the features and functionality of Acclinate or #NOWINCLUDED.

Information We Collect Automatically When You Use the Acclinate or #NOWINCLUDED. When you access or use the Acclinate or #NOWINCLUDED, we may automatically collect information about you, including:

• Usage, Log, and Device Information: We collect information from your use of the Acclinate or #NOWINCLUDED Service such as system activity, hardware settings, browser type, browser language, the date and time of your visit, and the referral URL. We monitor user activity in connection with the Acclinate or #NOWINCLUDED Service and may collect information about the features you use, the Content you upload, download, share, or access while using the Acclinate or #NOWINCLUDED Service, the Content you access, and any actions taken in connection with the access and use of your Content in the Acclinate or #NOWINCLUDED Service.

Information Collected by Cookies and Other Tracking Technologies: A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Use of Information

We may use the information collected through the #NOWINCLUDED or Acclinate service for the limited purpose of providing the Acclinate or #NOWINCLUDED Service and related functionality and services for which Acclinate has been engaged. The information may be used for a variety of purposes, including:

• Provide, operate, maintain, and improve the #NOWINCLUDED platform or Acclinate’ Services;
• Enable you to access and use the Acclinate or #NOWINCLUDED Service;
• Send you technical notices, updates, security alerts, and support and administrative messages;
• Provide and deliver the services and features you request, process, and complete transactions, and send you related information, including purchase confirmations and invoices;
• Respond to your comments, questions, and requests, and provide customer service and support;
• Communicate with you about services, features, surveys, newsletters, offers, promotions, events, and provide other news or information about #NOWINCLUDED or Acclinate  and our select partners;
• Process and deliver survey entries and rewards;
• Monitor and analyze trends, usage, and activities in connection with #NOWINCLUDED and Acclinate Services and for marketing or advertising purposes;
• Investigate and prevent fraudulent transactions, unauthorized access to the #NOWINCLUDED and Acclinate Service, and other illegal activities;
• Personalize and improve the #NOWINCLUDED and Acclinate Services, and provide content and/or features that match your interests and preferences or otherwise customize your experience on the Acclinate and #NOWINCLUDED services; and
• For other purposes about which we notify you.

Do Not Track. Some browsers offer a “do not track” (“DNT”) option. Because no common industry or legal standard for DNT has been adopted by industry groups, technology companies, or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

Sharing and Disclosure of Information

We will not share personal information about you or any Content with any third parties except as described in this Privacy Policy, or as defined in an agreement with us, in connection with the #NOWINCLUDED and Acclinate Services. For example, we may share personal information about you:

• To Vendors, Consultants, and Other Service Providers: We may share your information with third-party vendors, consultants, and other service providers who are working on our behalf and require access to your information to carry out that work, such as to process billing or as it relates to a Product feature. These service providers are authorized to use your personal information only as necessary to provide services to #NOWINCLUDED and Acclinate
• In Compliance with Laws: We may disclose your information to a third party: (a) if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; (b) to enforce our agreements and policies; (c) to protect the security or integrity of the Acclinate and #NOWINCLUDED; (d) to protect Acclinate and #NOWINCLUDED, our customers, or the public from harm or illegal activities; (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or (f) as otherwise directed by you.

For Business Transfers:

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You may be notified thereafter via email of any such change in ownership or control of your personal information.

• As Aggregated and/or Anonymized Data: We may also share aggregated and/or anonymized information with third parties that does not directly identify you. If you attend an event or webinar organized by us, or download or access an asset on our website, we may share your Personal Data with sponsors of the event so that they may contact you and offer your discounts or other offerings of their services. Where required by applicable law, we will obtain your consent to such sharing when you register to the event or by asking you to scan your attendee badge at a sponsor booth. In these circumstances, your information will be processed in accordance with the sponsors’ privacy statements. If you do not wish for your information to be shared, you may choose to not opt-in to such sharing when signing up as a member. You may also elect to not have your badge scanned when at an event.

Collaboration and Sharing Features

Acclinate and #NOWINCLUDED Services offers collaboration features which allow you to share your Content through the #NOWINCLUDED Platform and Acclinate Services. As a function of the collaborative nature of the Acclinate and #NOWINCLUDED, and based on the permissions and settings you choose, the use of such features enables the sharing of Content with people you want to collaborate with.

Global Data Privacy Protection

Currently, Acclinate and #NOWINCLUDED uses model contract clauses as the basis for it’s approach to global data privacy protection and compliance with the EU Data Protection Directive 95/46/EC. These contractual clauses provide adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights.

Security

You may access your Product account information and our service only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been compromised in any way. In addition, always log out and close your browser when you finish your session. Please note that we will never ask you to disclose your password to us.

If you have any questions about the security of your personal information, you can contact us at [email protected].

Your Choices

Account Information and Retention. You may update, correct, or delete information about you at any time by logging into your Member/Product account and modifying your information, or by emailing us at [email protected] We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy. If you wish to deactivate your Member/Product account, please email us at [email protected] but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time. We will respond to your access request within 30 days.

We will retain your information for as long as your Member/Product account is active or as needed to provide you with the #NOWINCLUDED and/or Acclinate  Service. We will retain and use your information to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain personal data we process on behalf of our customers as directed by paying customers. Acclinate, Inc will retain this personal information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.

Upon request, Acclinate, Inc will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information that we are aware of. To request this information, contact us at [email protected]

Promotional and Newsletter Communications. You may opt out of receiving promotional and newsletter emails from #NOWINCLUDED or Acclinate  by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing [email protected] with your specific request. If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access to or use of #NOWINCLUDED or Acclinate Services or those about your Member/Product account or our ongoing business relations.

Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies or to prompt you before accepting such a cookie. Please note that, if you choose to remove or reject browser cookies, this could affect the availability or functionality of the Acclinate and/or #NOWINCLUDED Platform. California Residents. Under California law, California Residents who have an established business relationship with Acclinate, Inc may choose to opt out of #NOWINCLUDED or Acclinate’ disclosure of personal information about them to third parties for direct marketing purposes. If you choose to opt out at any time after granting approval, email [email protected] Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at (916) 445-1254 or (800) 952-5210; or by email to [email protected].

Links to Third-Party Websites

We may place links on #NOWINCLUDED or Acclinate, including the #NOWINCLUDED and Acclinate blog. When you click on a link to a third-party website from our Website, your activity and use on the linked website is governed by that website’s policies, not by those of Acclinate, Inc. We encourage you to review their privacy and user policies.

Our Policy Toward Children

Acclinate and #NOWINCLUDED are not directed to individuals under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us at [email protected] If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information. Please note, if you are under the age of 13, you may not use our website, products, or services.

Contacting Us

Any questions about this Privacy Policy should be addressed to [email protected] or to:

Acclinate, Inc.

601 Genome Way, Suite 3400

Huntsville, AL 35806

Photo Release Policy

I, Participant, am aware that the Event is presented by Acclinate, dba #NOWINCLUDED, powered by Acclinate and that photos and/or videos will be produced during the Event, which may be published. As a participant I declare as follows: I agree that Acclinate and its affiliates, subsidiaries, partners, licensees, successors and assigns (individually and collectively, the “Producers”) may film and photograph me, livestream and record my likeness and voice during the Event and that Producers will be the exclusive owner of all the results, film, photographs, recordings, and proceeds of the Event (“Materials”) with the right to use and license others to use the Materials in all media (whether now known or later developed), throughout the universe, and in perpetuity. This permission includes the exclusive and perpetual right to use my likeness and voice in connection with the public performance, public display, exhibition, sale, transmission, distribution (by any means) and exploitation and any other use of the Event or any work based on the Event in any media form, whether now available or later conceived. It is agreed that no payments, residuals, reuse fees or other compensation shall be made to me or any other party in connection with my attendance and/or participation in the Event or Materials. To the maximum extent permitted by law, I hereby release, discharge and agree to hold harmless and defend Producers, their legal representatives and assigns, and all persons acting under their permission or authority from any and all liability, including but not limited to, any liability for what might be deemed to be misrepresentation or defamation of me, my character, or my person or that of my minor child or children, as applicable, due to any use, modification, distortion or otherwise faulty or altered reproduction of my/my child or children’s voice(s). In consideration for participating in a photograph, video and/or sound recording session during the Event and other valuable consideration, I hereby release, discharge and agree to hold harmless Producers and their respective legal representatives and assigns from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury that may be sustained by me, or to any property belonging to me while participating in such activity, or while in, on or upon the premises where the Event is being conducted or in transportation to and from said premises. I acknowledge that nothing herein will obligate Producers to use my name, or likeness, the Materials, or any photographic, video, or audio recording of me from the Event. By checking the box below, I confirm that I am a legally competent adult, that I have the legal capacity to enter into this Media Release Agreement (“Release”), and, if applicable, that I am the parent or legally appointed guardian of the minor(s) listed below I have read the above authorization, release and agreement set forth in this Release, along with any attachments, prior to its execution, and I am fully familiar with its contents. This Release shall be binding upon me and/or my minor child(ren), and my/our respective heirs, legal representatives and assigns. In the event that any provision of this Release is found by a court of competent jurisdiction to be illegal, invalid, unenforceable or unconscionable, the remainder of this Release shall remain in full force and shall be unaffected by such finding, and the Parties shall agree upon an effective provision that, insofar as legally possible, most closely reflects the Parties’ intent.