Privacy Policy

Format Solutions, Inc. (“Format,” “we,” “us” and “our”) respects individual privacy and values the confidence of our customers and potential customers. This Privacy Policy (the “Privacy Policy”) sets out the privacy principles that we follow with respect to the collection, use, and disclosure of information that you may provide through any of Format’s website, software or services which reference this Privacy Policy. Please read this entire Privacy Policy before using Format’s website or submitting information to Format through this website or its software. By using the Format website and software, you consent to the practices described in this Privacy Policy.

If you have questions or complaints regarding our Privacy Policy or practices, please contact us by any of the methods described below. If you do not agree with our policies, do not use the Format website or provide Format with your information.

Collected Information

It is Format’s general policy not to collect user’s personal information from the website. However, when users use Format’s software, subscribe to Format publications, or otherwise contact Format by email or the website’s designated contact section, in order for Format to respond, users may be asked to provide personal information from which you can be identified, such as your name, date of birth, postal and e-mail address, phone number, and credit card information. Format only collects personally identifiable information you voluntarily submit to Format.

When you terminate your contract with Format, or Format website account access, Format may continue to share information about you according to our legal and regulatory requirements. We will use the information you provide us solely for the purpose of providing you with information that Format believes may be of interest to you, providing you with information and materials you have requested, administering our relationship with you, and for internal business purposes such as Format research and development projects.

Sharing & Disclosing Information

We will share your personal information with third parties only in the ways that are described in this Privacy Policy.

Format may also use this information for performing marketing studies, research projects, or for other commercial purposes for which it may receive compensation. If Format collects credit card information through this website, such information will be used to fill your order but Format will not share your personal payment information with third parties without your consent. Format may disclose to carefully chosen third parties navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics but only in forms that do not reveal a website user’s identity or confidential information. We do not otherwise sell your personal information to, or share such personal information with, third parties for their promotional use or for marketing purposes. Third parties refer to any entity not within the Format organization structure.

Notwithstanding the foregoing, Format may disclose your personal information as required by law or as needed in legal proceedings when Format believes in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In addition, in the event of a merger, acquisition, or any form of sale of some or all of our assets to a third party, we may also disclose your personal information to the third parties concerned or their professional advisors. In the event of such a transaction, the personal information held by Format will be among the assets transferred to the buyer.

Providing Us with Information About Others

If you provide us with personal information about someone else, you are responsible for ensuring that you comply with any obligation and consent obligations under applicable data protection laws in relation to such disclosure. Insofar as required by applicable data protection laws, you must ensure that you have provided the required notices and have obtained the individual’s explicit consent or otherwise have a legal basis to provide us with the information and that you explain to them how we collect, use, disclose, and retain their personal information or direct them to read our Privacy Policy.

Security Measures

This website has security measures in place to protect the loss, misuse, and alteration of the information under Format’s control. When you submit information to Format through our website, you should be aware that your information is transmitted across the Internet and that no method of transmission over the Internet is 100% secure. Although we take reasonable security measures to protect your information when we receive it, you also need to ensure you take appropriate steps to protect your information.

How We Use Your Information

To the extent permissible under applicable law, we use your information to:

1. provide any information and services that you have requested or any applications or services that you have ordered;
2. compare information for accuracy and to verify it with third parties;
3. provide, maintain, protect, and improve any applications, products, services, and information that you have requested from us;
4. manage and administer your use of applications, products, and services you have asked us to provide;
5. manage our relationship with you (for example, customer services and support activities);
6. monitor, measure, improve, and protect our content, website, applications, and services and provide an enhanced, personal user experience for you;
7. undertake internal testing of our website, applications, systems, and services to test and improve their security, provision, and performance, in which case, we would pseudonymize any information used for such purposes, and ensure it is only displayed at aggregated levels which will not be linked back to you or any living individual;
8. provide you with any information that we are required to send you to comply with our regulatory or legal obligations;
9. comply with any other of our regulatory or legal obligations;
10. detect, prevent, investigate, or remediate crime, illegal, or prohibited activities or otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
11. contact you to see if you would like to take part in our customer research (for example, feedback on your use of our applications, products and services);
12. to monitor, carry out statistical analysis and benchmarking, provided that in such circumstances it is on an aggregated basis which will not be linked back to you or any living individual except as permitted by law;
13. deliver targeted advertising, marketing, or information to you which may be useful to you, based on your use of our applications and services; and
14. deliver joint content and services with third parties with whom you have a separate relationship.

To the extent permitted by applicable law, we retain information about you after the closure of your Format accounts. This information may be held and used for as long as permitted for legal, regulatory, fraud prevention and legitimate business purposes.

Our website, applications, and services may contain technology that enables us to:

1. check specific information from your device or systems directly relevant to your use of the websites, applications or services against our records to make sure the websites, applications or services are being used in accordance with our end-user agreements and to troubleshoot any problems;
2. obtain information relating to any technical errors or other issues with our website, applications and services;
3. comply with our legal or regulatory obligations;
4. collect information about how you and users use the functions of the features of our website, applications, and services.
5. We may monitor and record our communications with you. Information which we collect may then be used for training purposes, quality assurance, to record details about our website, applications and services you order from us or ask us about, and in order to meet our legal and regulatory obligations generally.

International Website Access & Cross-Border Data Transfers

If you are visiting the Format website from outside the United States, your information will be transferred to, stored, and processed in the United States where our servers are located and Format is based.

In addition, information that Format collects may be stored and processed in and transferred between any of the countries in which Format operates to enable the use of the information in accordance with this Privacy Policy. You agree to such cross-border transfers of personal information.

Personal information in the European Union and the UK is protected by data protection laws but other countries do not necessarily protect your personal information in the same way.

Our website and the majority of our applications or services or parts of them may also be hosted in the United States or otherwise outside of the UK or EEA (which means all the EU countries plus Norway, Iceland and Liechtenstein) (“together EEA”) and this means that we may transfer any information which is submitted by you through the website or the application or service outside the EEA to the United States or to other territories outside of the EEA. When you send an email to us, this will also be stored on our email servers which are hosted in the United States.

We use service providers based outside of the EEA to help us provide our website, applications, and services to you (for example, platform and payment providers who help us deliver our applications and services, or advertising or execute your payments) and this means that we may transfer your information to service providers outside the EEA for the purpose of providing our applications, advertising and services to you.

We take steps to ensure that where your information is transferred outside of the EEA by our service providers and hosting providers, appropriate measures and controls in place to protect that information in accordance with applicable data protection laws and regulations. For example, we may share information with our affiliates based outside the EEA for the purposes envisaged by this Privacy Policy.

By using our website, products, or services or by interacting with us in the ways described in this Privacy Notice, you consent to the transfer of your information outside the EEA in the circumstances set out in this Privacy Notice. If you do not want your information to be transferred outside the EEA you should not use our website, applications, or services. We may share information with affiliates based outside the EEA for the purposes envisaged by this Privacy Policy.

Access & Correction/Notice to All Users

If your personally identifiable information changes, or if you no longer desire communications or information from Format, you may correct, update, amend, or deactivate it by making the change by contacting us at ceodonnell@datacor.com.

You may request a copy of the information Format holds about you so you can correct or amend information that may be inaccurate or incomplete by writing to ceodonnell@datacor.com. In addition, we will ask you to provide sufficient evidence of your identity for your own protection so we can ensure that information is being released to the correct person. We will respond to your request to access within 30 days.

• To request the deletion of your information, please contact us by writing to ceodonnell@datacor.com. In some cases, our business requirements and legal obligations may prevent us from being able to delete your information. If we are unable to delete your information we will let you know if we are unable to do so and why.

Cookies

The Format website uses cookies and other tracking technologies for the purposes explained below. We treat information collected by cookies and other tracking technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

When you visit our website, we assign your computer one or more “cookies.” A cookie is a small text file that contains information that can later be read by us to facilitate your access to our website and personalize your online experience by storing your preferences and settings, providing interest-based advertising, and analyzing how the foregoing may improve services. We use both session ID cookies and persistent cookies.

Specifically, we use session-based cookies in order to store language and other country specific preferences such as support contact information. Format may also utilize cookies in order to track internal metrics of site usage. At no time will this information be provided or sold to any third party affiliates or marketing companies. A session ID cookie expires when you close your browser.

A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our website. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

A cookie does not give us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the website.

Format may also use web beacons, clear gif technology, action tags or other technologies to collect aggregate website and the software visitation data by tracking how users navigate to and through the website and the software. We may also use this technology to track the delivery of HTML email messages. Please note that the website may include web beacons and cookies from their-party service providers. Web beacons cannot be declined when delivered using a regular web page, but they can be refused when delivered by email. If you do not wish to receive web beacons by email, you will need to disable HTML images or select text only for emails received with your email software.

Format may also track activity on our website and the software using log files stored on our servers, and collect information, including IP addresses, browser types and versions, geographic information, pages and advertisements viewed and devices used to interact with the website and the software. We may use this information to personalize your experience and to administer our website. Format may use a web analytics service, such as Google Analytics, to record and analyze your activity on this website. The website or any such service may track your browsing across websites that use the same service and may collect demographic data, including the type of computer or operating system, location of user (e.g., city, state, country) and gender.

Links to Other Websites

The Format website may contain links to other websites of interest. However, once you have used these links to leave our website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites and such sites are not governed by this Privacy Policy. You should exercise caution and look at the privacy statement applicable to the web site in question.

Social Media Widgets

The Format website includes social media features, such as the LinkedIn, Twitter, and Facebook buttons that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

Protection of Children’s Personal Information

The Format website and products are intended for adults, including Format customers. Format does not knowingly collect any personal information from children under the age of 16. Please contact Format at ceodonnell@datacor.com if you suspect that Format has collected any such information. If Format learns that we have collected the personal information of a child under 16 without verifiable parental consent, Format will take steps to delete the information as quickly as possible.

Amendments

Format may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will update you by means of a notice on this website prior to the changes taking effect. We encourage you to periodically review this page for the latest information on our privacy practices and this Privacy Policy.

Contact

If you have questions, comments, and/or complaints regarding Format’s Privacy Policy or how we collect, transmit, and process data please contact us by emailing ceodonnell@datacor.com, or by writing to Format at 25 Hanover Road, Building B, Suite 300, Florham Park, NJ 07932.

California

Where Format is subject to certain privacy requirements in the United States in the State of California, the following also applies:

Your browser may allow you to set a “Do not track” preference. Unless otherwise stated, our sites do not honor “Do not track” requests. However, you may elect not to accept cookies by changing the designated settings on your web browser or, where available, by referring to our Cookie Statement. Cookies are small text files placed on your computer while visiting certain sites on the Internet used to identify your computer. If you do not accept cookies, you may not be able to use certain functions and features of our site. This site does not allow third parties to gather information about you over time and across sites.

You have the right: (i) to request from Format access to your personal data that Format collects, uses, or discloses about you; (ii) to request that Format delete personal data about you; (iii) to opt-out of the use or disclosure of your sensitive personal information; (iv) to non-discriminatory treatment for exercise of any of your data protection rights; (v) if you request access to your personal data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance

In accordance with the disclosure requirements under the California Consumer Privacy Act (“CCPA”), Format does not and will not sell your personal data or otherwise permit the use of your information for any kind of cross-context behavioral advertising. In accordance with the verification process set forth in the CCPA, Format will require a more stringent verification process for deletion requests, or for personal data that is considered sensitive or valuable, to minimize the harm that might be posed to you by unauthorized access or deletion of your personal data.   If Format must request additional information from you outside of information that is already maintained by Format, Format will only use it to verify your identity so you can exercise your data protection rights, or for security and fraud-prevention purposes.