This Privacy Policy (“Policy”) describes how Topaz Labs LLC (“Topaz” “us”, “we”, or “our”) collects, uses and discloses information related to users (referred to herein as “Customer”, “End User”, “you” or “your”) of the products set forth at https://www.topazlabs.com/, including, but not limited to, Photo AI, Video AI, and Gigapixel (collectively, the “Software”).

Topaz will not use or share Your information with anyone except as described in this Policy.

Your use of the Software is subject to the End User License Agreement, available at https://topazlabs.com/eula, which includes applicable terms governing limitations on liability. By using the Software, you (A) accept and agree to the practices described in this Policy and (B) agree to the collection and use of information in accordance with this Policy. If you submit any Personal Information relating to other people to us, you represent that you have the authority to do so and have informed that other person about the contents of this Policy. If you do not agree with this Policy, please do not use the Software or provide us with any Personal Information (as defined below). This Policy does not apply to (1) websites, software applications, and other online properties and services that do not link to this Policy; and (2) any other collection, use or disclosure of data other than via the Software.

Personal Information. For purposes of this Policy, unless otherwise required by applicable law, “Personal Information” means any information that identifies, relates to, describes, or is reasonably capable of being associated, linked or linkable with a particular individual or household, including any information that is subject to applicable data protection laws.

Individual rights. Please see the Your Rights and Choices section below for a description of the choices we provide and the rights you have regarding your Personal Information. If you are a California resident, please also review the California Residents section below for information about the categories of Personal Information we collect and disclose and your rights under California privacy laws.

1. SCOPE.

This Policy applies to our collection, use and disclosure of Personal Information related to purchasers and users of the Software.

2. COLLECTION OF PERSONAL INFORMATION.

The Personal Information we collect varies depending upon the nature of the Software provided or used and our interactions with individuals.

2.1. Categories of Personal Information.

While the Personal Information we collect varies depending upon the circumstances, we may collect the following categories of Personal Information (subject to applicable legal requirements and restrictions):

• Name, contact information and other identifiers: identifiers such as name and email address.
• Device information: Internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers.
• Communications: direct communications.
• Usage data: internet or other electronic network activity information including, but not limited to, information regarding a consumer’s interaction with the Software, the time spent on the Software and other statistics.
• Geolocation data: general location information (for example, your IP address may indicate your more general geographic region).
• Audio, video and other electronic data: audio, electronic, visual, or similar information and media.
• Profiles and inferences: inferences drawn from any of the information identified above to create a profile reflecting a user’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

2.2. Sources of Personal Information.

We may collect Personal Information about individuals:

• Directly from you: such as when you make a purchase or contact us for support purposes.
• Related to your use of our Software: including information we collect automatically when you use our Software, or interact with us, or information we derive about you and your preferences or interests based on the Personal Information we collect and our interactions with you.

2.3. Information We Collect From You.

We may collect Personal Information from you related to:

• Purchases, orders and payments: when you purchase the Software or if you make additional purchases, we collect information in order to process your payment or to fulfill your order, including name, billing and shipping address and details, payment type, as well as credit card number or other payment account details.
• Your communications and requests: when you email us or otherwise send us communications, we collect and maintain a record of your contact details, communications, and our responses.

2.4. Information We Collect from Third Parties.

We may collect Personal Information about you from third-party sources (which may be combined with other Personal Information we have collected about you), such as:

• Third-Party Service Providers: we employ other companies and individuals to perform functions on our behalf. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.
• Other: we may obtain Personal Information, such as demographic information or updated contact details, from third parties; we may also collect information from public records.

3. USE OF PERSONAL INFORMATION.

We may use Personal Information for a variety of purposes, including, without limitation:

• Sale of Software and processing of orders and payments: if you make a purchase, we collect information in order to process your payment and fulfill your order, including name, billing and shipping address and details, payment type, as well as credit card number or other payment account details.
• Providing support and services: including to provide our Software; to communicate with you about your access to and use of our Software; to respond to your inquiries; to provide troubleshooting, fulfill your orders and requests of products and services, and provide technical support; and for other customer service and support purposes.
• Analyzing and improving our business: including to better understand how users access and use our Software, to evaluate and improve our Software and business operations, and to develop new features, offerings and services; to increase our understanding of our customers; and for other research and analytical purposes.
• Securing and protecting our business: including to protect and secure our business operations, assets, Software, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.
• Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
• Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business.
• Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such as warrants, subpoenas, court orders, and regulatory or law enforcement requests.
• For our legitimate business interests: including where the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
• To perform any contracts in place between us and you: where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

4. DISCLOSURE OF PERSONAL INFORMATION.

We may share or disclose the Personal Information we collect as follows:

• Service providers: we may disclose Personal Information with third-party service providers who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants, customer service and/or support providers.
• Legal compliance: we may be required to share Personal Information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. In addition, we may share certain Personal Information when we believe that doing so is reasonably necessary to protect the rights, property and safety of our company and/or others.
• Business transfers: we may disclose and/or transfer Personal Information as part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
• Protect our rights: we may disclose Personal Information where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and/or to protect the rights, property or safety of us or our affiliates, clients, customers and/or others.
• Your Consent: we may disclose Personal Information with your consent.

5. SECURITY.

The security of your Personal Information is important to us. We have put in place safeguards to protect the Personal Information we collect from unauthorized access, use and disclosure. However, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your Personal Information safe, such as closing your web browser when finished using the Software.

6. CHILDREN'S PRIVACY.

Our Software does not address anyone under the age of 13 and we do not knowingly collect or maintain Personal Information from children we actually know at the time of collection are under the age of 13. Should we discover that we have collected Personal Information online from a child who is under 13, we will promptly delete that Personal Information. If you have concerns over the collection of children’s Personal Information, please contact us at the information provided in the Contact Us section below.

7. YOUR RIGHTS AND CHOICES.

Depending on where you live, you may have certain rights, such as to request access to or correction of your Personal Information that we hold about you. To make a request, please see the Contact Us section below.

European Union and United Kingdom.

The following additional information and rights only apply to Personal Information associated with users who use the Software from the European Economic Area (“EEA”), including those based in the United Kingdom.

• Data Controller. Topaz located at 14555 Dallas Parkway, Suite 350, Dallas, TX 75254, acts as the data controller for the Personal Information we process in connection with the use of the Software by users in the EEA. If you have any questions about how Topaz processes your Personal Information or would like to make use of your rights as a data subject, please contact us at privacy@topazlabs.com.

Information Rights under GDPR. Your rights with respect to your own Personal Information include the following:

• Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your Personal Information (also known as the “right to be forgotten”). This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process, when you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons that will be notified to you and because of our technology.
• Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it affects your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
• Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:
  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful, but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format.
• Not be subject to automated decision making including profiling, where the decision would have a legal effect on you or produce a similarly significant effect. We do not carry out this type of automated decision making in the Software.
• Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• No Fee Usually Required. You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
• What We May Need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
• Time Limit to Respond. We try to respond to all requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

Information Uses and Legal Bases. We will only use your Personal Information under the circumstances permitted by the law or you.

Pursuant to GDPR, we will use your Personal Information in one or more of the following circumstances:

• INFORMATION USES: Performance of any Contract between Us and You
  • INFORMATION PROCESSING LEGAL BASIS: Where we need to perform the contract we are about to enter into or have entered into with you.
• INFORMATION USES: Providing Support and Services
  • INFORMATION PROCESSING LEGAL BASIS: When it's necessary for us (or a third party) to process your Personal Information to:
    • comply with obligations under a contract with you. This includes our obligations under the EULA to provide the Software to you,
    • verify information before a new contract with you begins,
    • respond to your messages when you contact customer services, or
    • spot unusual data or behavior in our logs which might indicate a bug or other issue.
• INFORMATION USES: Improve our Software
  • INFORMATION PROCESSING LEGAL BASIS: Where it is necessary for our legitimate interests (or those of a third party) to provide or improve the Software, including our interest to provide you improved Software, and where your interests and fundamental rights do not override those interests.
• INFORMATION USES: Communication
  • INFORMATION PROCESSING LEGAL BASIS: Where it is necessary for our legitimate interests (or those of a third party) to communicate with you and your interests and fundamental rights do not override those interests. Where we need your consent for the information use, we will seek your prior consent.
• INFORMATION USES: Comply with a request from law enforcement, courts or other competent jurisdictions
  • INFORMATION PROCESSING LEGAL BASIS: When we must process your Personal Information to comply with a law and our legitimate interest. Our legitimate interest here includes assisting law enforcement authorities to prevent or detect serious crime.
• INFORMATION USES: Securing and Protecting Our Business
  • INFORMATION PROCESSING LEGAL BASIS: Where it is necessary for our legitimate interests to protect our intellectual property and original content as well as to investigate and protect our Software and our users against fraud and illegal activity.
• INFORMATION USES: To establish, exercise or defend legal claims
  • INFORMATION PROCESSING LEGAL BASIS: Where it is necessary for our legitimate interests to seek legal advice and protect ourselves, our users or others in legal proceedings. For example, if we are involved in litigation and we need to provide information to our lawyers in relation to that legal case.
• INFORMATION USES: Legal Compliance
  • INFORMATION PROCESSING LEGAL BASIS: Where it is necessary to meet our legal obligations. This might be an obligation under the law of the country/region you are in.

Canadian Residents.

Where the Personal Information Protection and Electronic Documents Act (“PIPEDA”) applies, you have the right to:

• Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it affects your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
• Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:
  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful, but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• Minimal Fee May Be Required. You may have to pay a minimal fee to access your Personal Information (or to exercise any of the other rights). We will provide you with the approximate cost before processing the request. We will confirm with you that you still wish to proceed with the request.
• What We May Need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
• Time Limit to Respond. We try to respond to all requests within 30 days. Occasionally it could take us longer than 30 days if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
• Right to Challenge Our Compliance. If for any reason, you are concerned about our compliance with this Policy or the principles established in PIPEDA, we encourage you to contact us at privacy@topazlabs.com.

United States Residents.

US data protection laws grant California, Colorado, Connecticut, Nevada, Utah, and Virginia residents the following data rights:

• Right to Know and to Access. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. This information is disclosed in the Collection of Personal Information section of this Policy. You also have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You may submit such a request as described below. To protect our customers’ Personal Information, we are required to verify your identify before we can act on your request.
• Right to Portability. You have the right to request that we provide a copy of the Personal Information we have collected about you, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. Once we receive your request and confirm your identity, we will provide to you a copy of your data as required under the applicable data protection laws. We may provide this data to you via email to the email address you have provided with your request.
• Right to Delete. Subject to certain exceptions, you have the right to request that we delete any of your Personal Information. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
• Right to Correct. Subject to certain exceptions, you have the right to request that we correct inaccurate Personal Information that we have collected about you. Once we receive your request and confirm your identity, we will review your request, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information to see if we can correct the data. We may also request additional information showing that the information you want to correct is inaccurate.
• Non-Discrimination. We will not discriminate against you for exercising any of your data privacy rights.
• Exercising Your Rights. To exercise your rights described above, please submit a request by emailing us at privacy@topazlabs.com. Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information. You may also make a request to know or delete on behalf of your child. Certain data protection laws limit the ability to make a request to know to twice within a 12-month period, and allow us to charge a reasonable fee for responding to numerous requests from the same user. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

California Residents

• Right to Opt-Out of Sale or Sharing of Personal Information. We do not sell or share your Personal Information with third parties, as those terms are defined under the California law.
• California Shine the Light. Where applicable, California Civil Code Section 1798.83 allows 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 contact us using the information provided in the Contact Us section below.

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires specific disclosures for each category of Personal Information that we collect and may provide to others. The table below summarizes our general data handling practices which are more fully described in Sections 2, 3, and 4 of this Policy. We do not collect Sensitive Personal Information.

Categories of Personal Information We Collect. The CCPA requires specific disclosures for each category of Personal Information that we collect. The table below summarizes our general data handling practices which are more fully described in Sections 2, 3, and 4 of this Policy.

• CATEGORY OF PERSONAL INFORMATION: Name, Contact Information, and other Identifiers: identifiers such as name and email address
  • CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTED: Directly from the user, From third-party data suppliers and business partners
  • BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATION: To provide the user with and to improve the Software, To communicate with the user, To analyze and improve the business, To secure and protect the business, To defend the company’s legal rights, For auditing, reporting, corporate governance and internal operations, To comply with legal obligations, For legitimate business interests
  • CATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATION: With service providers, With government authorities as required by law or as necessary to protect the company’s rights
• CATEGORY OF PERSONAL INFORMATION: Device Information: Internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers.
  • CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTED: Directly from the user, From third-party data suppliers and business partners
  • BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATION: To provide the user with and to improve the Software, To communicate with the user, To analyze and improve the business, To secure and protect the business, To defend the company’s legal rights, For auditing, reporting, corporate governance and internal operations, To comply with legal obligations, For legitimate business interests
  • CATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATION: With service providers, With government authorities as required by law or as necessary to protect the company’s rights
• CATEGORY OF PERSONAL INFORMATION: Communications: direct communications.
  • CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTED: Directly from the user
  • BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATION: To provide the user with and to improve the Software, To communicate with the user, To analyze and improve the business, To secure and protect the business, To defend the company’s legal rights, For auditing, reporting, corporate governance and internal operations, To comply with legal obligations, For legitimate business interests
  • CATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATION: With service providers, With government authorities as required by law or as necessary to protect the company’s rights
• CATEGORY OF PERSONAL INFORMATION: Usage data: internet or other electronic network activity information including, but not limited to, information regarding a consumer’s interaction with the Software, the time spent on the Software and other statistics.
  • CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTED: Directly from the user
  • BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATION: To provide the user with and to improve the Software, To communicate with the user, To analyze and improve the business, To secure and protect the business, To defend the company’s legal rights, For auditing, reporting, corporate governance and internal operations, To comply with legal obligations, For legitimate business interests
  • CATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATION: With service providers, With government authorities as required by law or as necessary to protect the company’s rights
• CATEGORY OF PERSONAL INFORMATION: Geolocation Data: general location information (for example, your IP address may indicate your more general geographic region).
  • CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTED: Directly from the user
  • BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATION: To provide the user with and to improve the Software, To communicate with the user, To analyze and improve the business, To secure and protect the business, To defend the company’s legal rights, For auditing, reporting, corporate governance and internal operations, To comply with legal obligations, For legitimate business interests
  • CATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATION: With service providers, With government authorities as required by law or as necessary to protect the company’s rights
• CATEGORY OF PERSONAL INFORMATION: Audio, Video, and other Electronic Data: audio, electronic, visual, or similar information such as, photographs and audiovisual recordings.
  • CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTED: Directly from the user
  • BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATION: To provide the user with and to improve the Software, To communicate with the user, To analyze and improve the business, To secure and protect the business, To defend the company’s legal rights, For auditing, reporting, corporate governance and internal operations, To comply with legal obligations, For legitimate business interests
  • CATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATION: With service providers, With government authorities as required by law or as necessary to protect the company’s rights
• CATEGORY OF PERSONAL INFORMATION: Profiles and Inferences: inferences drawn from any of the information identified above to create a profile reflecting a users preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.
  • CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTED: Directly from the user
  • BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATION: To provide the user with and to improve the Software, To communicate with the user, To analyze and improve the business, To secure and protect the business, To defend the company’s legal rights, For auditing, reporting, corporate governance and internal operations, To comply with legal obligations, For legitimate business interests
  • CATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATION: With service providers, With government authorities as required by law or as necessary to protect the company’s rights

Colorado, Connecticut and Virginia Residents

• Right to Opt-Out. You have the right to out of the processing of the Personal Information for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. We do not process your Personal Information for (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.
• Right to Appeal. If you make a request to exercise any of the above data access rights and we are unable to comply with your request, you may request to appeal our decision. To appeal any data privacy request decision, please contact us by emailing privacy@topazlabs.com with the subject line “Data Access Request Appeal.” If after you complete the appeal process with us, you are still unsatisfied with our response, you may contact your Attorney General to file a complaint. Below are the contact information for the appropriate entity where you can inquire about filing an appeal:

Colorado residents: Office of the Attorney General Colorado Department of Law Ralph L. Carr Judicial Building 1300 Broadway, 10th Floor Denver, CO 80203 (720) 508-6000 https://coag.gov/

Connecticut Residents: Office of the Attorney General 165 Capitol Avenue Hartford, CT 06106 Phone: (860) 808-5318 https://portal.ct.gov/AG

Virginia residents: Office of the Attorney General 202 North 9th Street Richmond, Virginia 23219 Phone: (804) 786-2071 https://www.oag.state.va.us/

Nevada Residents.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@topazlabs.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

Utah Residents.

If you are a resident of Utah, you have the right to out of the processing of the Personal Information for purposes of (i) targeted advertising and (ii) the sale of personal data. We do not process your Personal Information for (i) targeted advertising or (ii) the sale of personal data.

8. CHANGES TO THIS PRIVACY POLICY.

We may update our Policy from time to time. If we make material changes to our privacy practices, an updated version of this Policy will reflect those changes. We will notify you of any changes by posting the new Policy on this page. If you continue to access or use the Software after being provided with the notice of updates, you acknowledge your acceptance of the updated Policy.

You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.

Without prejudice to your rights under applicable law, we reserve the right to update and amend this Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices to the extent that it does not change the privacy practices as set out in this Policy.

9. CONTACT US.

If you have any questions about this Policy, please contact us at:

privacy@topazlabs.com

Topaz Labs LLC

14555 Dallas Parkway

Suite 350

Dallas, Texas 75254

(972) 246-8075

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