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Introduction

Topaz Labs LLC ("Topaz," "we," "us," or "our") values your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our software products and services (collectively, the "Software"). Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access or use the Software.

Your use of the Software is subject to the End User License Agreement available at https://topazlabs.com/eula, which includes applicable terms open most may use the Software, you agree to the terms described in this policy as an agreement 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 websites, software applications, and other online properties and services that do not link to this policy. In any other connection, use or disclosure of any other that via the Software.

Definitions

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.

IMPORTANT NOTICE

Please see the Additional Disclosures for Certain Jurisdictions 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 Privacy Rights section below for information about the categories of personal information we collect and disclose in your rights under California privacy law.

SCOPE

This policy applies to our collection, use and disclosure of personal information related to purchasers and users of the Software.

1. CATEGORIES OF PERSONAL INFORMATION

The personal information we collect varies depending upon the nature of the Software provided or used in our interactions with you.

a. Purchase or Subscription Information

When 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:

• Identification or contact information: Identifiers such as name, 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, electronic, visual, or similar information: Audio, electronic, visual, or similar information in files
• Inferences or interests: 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

b. Collecting Personal Information Related to Children

The Software is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete that personal information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided in the Contact Us section below.

2. HOW WE COLLECT PERSONAL INFORMATION

We may collect personal information in one or more of the following ways:

• Directly from you: When you provide it to us, such as when you purchase the Software or contact us for support
• Automatically: When the personal information is collected varies depending upon the nature of how you use or interact with the Software

a. PURCHASE OR SUBSCRIPTION INFORMATION

When you purchase or subscribe to the Software from us directly or through authorized resellers, we collect personal information necessary 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.

b. SUPPORT AND SERVICES

When you contact us for support or other communications, we collect and maintain records of your contact communications and our responses.

c. PERSONAL INFORMATION COLLECTED AUTOMATICALLY

We may collect certain information automatically when you use the Software, such as:

• Device information including IP address, web browser type, operating system version
• Usage data about your use and interaction with the Software

We may also collect personal information from third party sources.

3. HOW WE USE PERSONAL INFORMATION

We may use personal information for a variety of purposes including without limitation:

• To process transactions and fulfill orders: 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.
• To provide the Software and services: To provide the Software to communicate with you about your access to and use of the Software, to respond to your inquiries, to provide troubleshooting and technical support, and for other customer service and support purposes.
• To improve our Software: We may obtain personal information such as demographic information or updated contact details from third parties.

We may also collect information from public records.

4. HOW WE SHARE 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.
• As Required by Law and Similar Disclosures: 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.
• Consent: We may disclose personal information with your consent.

5. DATA RETENTION

We will retain your personal information as needed to fulfill the purposes for which it was collected. We will retain and use your personal information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, provide our services, and enforce our agreements.

6. SECURITY

We take reasonable steps to keep personal information secure. Our Software does not address anyone under the age of 13. We do not knowingly collect or maintain personal information from children we actually know are under the age of 13. Should we discover that we have collected personal information online from a child who is under the age of 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 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.

ADDITIONAL DISCLOSURES FOR CERTAIN JURISDICTIONS

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.

a. Data Controller

Topaz located at 15 Dallas Parkway, Suite 900, 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.

b. Your Privacy Rights

Your rights with respect to your own personal information include the following:

• 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.
• Correction of your personal information. 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.
• 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 which will be notified to you, if applicable, at the time of your request.
• 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.
• Restriction of processing 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.
• 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.

c. Legal Bases for Using Your Personal Information

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 USESINFORMATION PROCESSINGLEGAL BASISPerformance of any Contract between Us and YouWhere we need to perform the contract we are about to enter into or have entered into with you.Providing Support and ServicesWhen 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.

Improve our SoftwareWhere 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.CommunicationWhere 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.Comply with a request from law enforcement, courts or other competent jurisdictionsWhen 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.Securing and Protecting Our BusinessWhere 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.To establish, exercise or defend legal claimsWhere 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.Legal ComplianceWhere it is necessary to meet our legal obligations. This might be an obligation under the law of the country/region you are in.

CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2023 ("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 1, 2, 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 1, 2, and 4 of this Policy.

CATEGORY OF PERSONAL INFORMATIONCATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTEDBUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATIONCATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATIONName, Contact Information, and other Identifiers: identifiers such as name and email address

• Directly from the user
• From third-party data suppliers and business partners

• 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

• With service providers
• With government authorities as required by law or as necessary to protect the company's rights

Device Information: Internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers.

• Directly from the user
• From third-party data suppliers and business partners

• 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

• With service providers
• With government authorities as required by law or as necessary to protect the company's rights

Communications: direct communications.

• Directly from the user

• 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

• With service providers
• With government authorities as required by law or as necessary to protect the company's rights

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.

• Directly from the user

• 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

• With service providers
• With government authorities as required by law or as necessary to protect the company's rights

Geolocation Data: general location information (for example, your IP address may indicate your more general geographic region).

• Directly from the user

• 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

• With service providers
• With government authorities as required by law or as necessary to protect the company's rights

Disclosure Regarding Targeted Advertising

• (i) Selling or Sharing Personal Information. We do not sell or share your Personal Information for purposes of (i) targeted advertising or (ii) the sale of personal data. We do not process our Personal Information for (i) targeted advertising or (ii) the sale of personal data.
• (ii) Sensitive Personal Information. We do not collect Sensitive Personal Information such as government identifiers, financial information, precise geolocation, race or ethnicity, religious or philosophical beliefs, union membership, genetic data, biometric data used to identify a person, health data, or data concerning an individual's sex life or sexual orientation. We do not process our Personal Information for (i) targeted advertising or (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

Your California Privacy Rights

If you are a resident of California, you have the right to opt 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 our Personal Information for these purposes.

If you have a request to exercise any of the above data access rights and we are unable to comply with our request or appeal our decision, please contact us using the information provided in the Contact Us section below. To appeal a data privacy request decision please contact us at privacy@topazlabs.com with the subject line "Data Access Request Appeal." If after completing the appeal process with us you are still unsatisfied with our response or contact our 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
Phone: (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/

Nevada Privacy Rights

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 questions, please contact us as set forth below.

Virginia

If you are a resident of Virginia, you have the right to opt 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 our Personal Information for (i) targeted advertising or (ii) the sale of personal data.

8. OPT-OUT OF EMAILS

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

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 practice to the extent that it does not change the privacy practices as set out in this Policy.

9. CONTACT

If you have a question about this Policy, please contact us at:

privacy@topazlabs.com

Topaz Labs LLC
15 Dallas Parkway
Suite 900
Dallas, Texas 75254

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