OUR PRIVACY POLICY

1. In General

Don’t Panic Labs, LLC (“we” or “us”) values our customers and respects their privacy. This privacy policy (“Privacy Policy”) governs our collection and use of data in connection with the Tenzing SaaS and related services (collectively, the “Services”), and our website (http://tenzing.team; the “Site”). Terms capitalized but not defined in this Privacy Policy shall have the meaning ascribed to them in our Terms of Use.

This Privacy Policy sets forth the nature, purpose, use and sharing of any information that identifies or can be used to identify you, the visitors to the Site, and users of our Services (“Personal Information”). This Privacy Policy does not govern privacy practices associated with offline activities, websites other than ours, or practices of third parties that we do not own or control, such as our partners, third party service providers featured on the Site or in the Services or advertisers. If you have objections to the Privacy Policy, you should immediately discontinue use of the Services and follow the procedure described in Section 11.

The Site and the Services are intended for adult audiences only, and we do not knowingly collect any Personal Information from anyone under 13 years of age. If you are under age 13, please do not provide any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from a child under the age of 13, please contact us immediately.

2. Changes in Privacy Policy

Any Personal Information that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. We may change the Privacy Policy at our sole discretion. However, if at any time we make material changes to the Privacy Policy, we will notify you of those changes on the Site and through the publishing of an updated Privacy Policy. If as the result of such changes you want to alter the ways in which we are allowed to use your Personal Information, you can do so by following the procedure described in Section 11.

3. Collection of General Information

• We collect the Personal Information you give us when you register with the Site or use the Services, including name, address, credit card or bank information, and other Personal Information requested as part of your use of the Site or the Services, or the information you choose to give us when you use the Services.
• We automatically collect certain kinds of non-personal information from you when you use the Site or the Services, including device, browser type, operating system, CPU speed, referring or exit webpages, click patterns, Session ID, and your computer’s IP address.
• We may on occasion supplement or correct the Personal Information you submit to us and your IP address with information in our other databases or information from third party sources in order to reduce errors in our database, authenticate our users, prevent fraud and prevent abuse of our Site, as well as to provide more consistent, relevant experiences to our users.
• We may collect general information about use of the Site and the Services, such as what pages visitors access, the number of visits, average time spent on the Site and other similar factors. This information is generally collected in aggregate form, without identifying any user individually, although IP addresses and Session ID in relation to downloads may be tracked as part of our fraud prevention efforts.

You agree not to submit any sensitive personally-identifiable information to the Services.

4. Collection of Business Information

The Services that we provide integration with your project management system. This means that you may enter or input information that is sensitive to your business or your customers. We only store this information as necessary to provide you the Services, and we do not use or distribute any of it in any way except to provide and generally improve the Services and perform routine maintenance as set out below. As the collector of the information, you are responsible for ensuring that you have adequate permission and authority to use our Services to process such information. Further, you agree that if you receive a request to delete all personal information related to an individual, you will communicate such a request to us so that we may delete such information to the best of our technical ability. We will never sell the personal information of your customers or any other information that you provide to us for processing.

5. How Your Information is Used

Except as provided herein, we collect and use your personal and non-personal information for internal purposes only or for gathering aggregate and anonymized data. We may use your information in the following ways:

• To conduct routine business operations such as billing, identification, authentication, contact purposes and general research. As part of our routine business operations, we may transfer your Personal Information to certain third parties with whom we contract for the limited purpose of providing services such as web hosting, email, and credit card processing. These service providers are obligated to protect your information, and they do not use your Personal Information for their own commercial purposes.
• To employ internal marketing techniques such as tracking customer preferences to provide a customized Site experience and communicating with you about Services, special offers, and other services.
• To enhance the Services.
• To gather generic product, location and other contributed information to make reports based on aggregate anonymized data, which we may use internally, or which we may sell to others.
• To comply with court and governmental orders.

6. Disclosure to Third Parties

We will not share your Personal Information with third parties without your express consent, except in the limited circumstances described below:

• With our affiliates. We may share your information with and among our affiliates and subsidiaries for everyday business purposes as well as for marketing purposes.
• With service providers. We may share your Personal Information third party service providers for the limited purposes described in Section 6.
• For legal reasons. We will share your Personal Information when required by law, regulation, or litigation, and as necessary for purposes of national security, law enforcement, or other issues of public importance.
• In connection with a merger or acquisition. If we sell our assets or are acquired by or merged with another entity, we may provide such entity customer information without obtaining your further consent. We may provide notice of such asset sales, acquisitions, or mergers on the Site.
• To integrate with other products or services. Other companies’ products or services may use or integrate with the Services (“Third Party Services”). If you choose to sync with or otherwise use any Third Party Services, you consent and direct us to share your information, including Personal Information, with the provider of such Third Party Services. Third Party Services are subject to the applicable terms and privacy statements of their providers.

7. Tracking, Use of Cookies, Web Beacons and Similar Devices

In order to improve our Services and provide more convenient, relevant experiences to our customers, we and our agents may use “cookies,” “web beacons,” and similar devices to track your activities. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. We do not support browsers’ Do Not Track features. You can enable or disable Do Not Track by visiting the preferences or settings page of your browser.

8. Protecting Your Information

We use a variety of security measures, including SSL, encryption, and authentication tools, to help protect your information. These measures may also include periodic system-wide password resets with high password strength requirements. We strongly discourage password sharing. Due to the nature of the information and related technology, we cannot be held responsible if you share your own login credentials with others. If we learn of a security breach, then we will immediately reset your account password and attempt to notify you as per applicable legal guidelines to take appropriate steps.

9. Data Processing

In submitting any third party personal data within the context of the Services (“Third Party Data”), the parties agree that you shall be the Data Controller and you appoint us as a Data Processor of such data, for the purpose of providing the Services. To the extent that we are a “Data Processor” for you in respect of such Third Party Data, we will:

1. Implement appropriate technical and organizational measures to safeguard the Third Party Data against any unauthorized or unlawful access, loss, destruction, theft, use or disclosure. We implement basic level security in accordance with United States law. If higher levels of security are required, please contact us.
2. Limit access to the Third Party Data only to those employees who need to know it to enable us to perform the Services, and shall take appropriate steps to ensure the reliability of those of our employees or subcontractors who have access to such Third Party Data.
3. Only process the personal data as specified by this Privacy Policy and in accordance with your instructions, and will not use the Third Party Data for any purposes other than those related to the performance of the Services or pursuant to your written instructions.
4. Upon the expiry or termination of this Privacy Policy, or upon your request, cease any and all use of the Third Party Data and destroy or return it to you.
5. Not disclose the Third Party Data to any third party without your prior written consent. Such consent is granted on, for example, your instruction to share a dashboard with third parties (public or within a restricted group).

We as Data Processor may provide access to a subcontractor processor to any such Third Party Data if we reasonably consider such access and processing necessary to the performance of the Services. In the event of such access and before the access takes place, we will ensure that an agreement with the third party is in place which is sufficient to require it to treat personal data in accordance with the applicable provisions of this Privacy Policy and applicable law. In particular, you authorize us to subcontract the provision of technology and commercial services to members of our corporate group.

You represent and warrant that you have all the appropriate consents from data subjects whose personal data are submitted to us in the course of the provision of the Services.

10. Your Rights

• You may opt out of receiving communications from us, although we may find it necessary to continue to communicate with you regarding your use of the Services.
• For our websites, you may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.
• You have the right to access, correct and delete inaccuracies in your Personal Information and privacy preferences on the Services at any time by signing into your account and editing your Personal Information in your account profile. You may also do so by contacting us via telephone, postal mail, or email. Please note that requesting deletion of your Personal Information may make our services unavailable to you.
• If at any time you wish to withdraw your consent to our processing of your data or opt out of our use of your information for internal marketing purposes or for compiling aggregate risk reports, you may do so by sending a written notice to contact@tenzing.team. Note that your withdrawal of consent may prevent us from providing the Services to you.

11. Retention of Personal Information

Unless you specifically ask us to delete your Personal Information as explained in Section 11 above, we retain your Personal Information as long as it is necessary for our business purposes and to comply with our data retention policies and obligations. For example, we maintain your Personal Information for our legal or regulatory compliance needs, to exercise, establish, or defend legal claims, and to protect against fraudulent or abusive activity.

There may be occasions where we are unable to fully delete or de-identify Personal Information due to technical or other operational reasons. When this is the case, we will take reasonable measures to securely isolate your Personal Information from any further processing until such time as we are able to delete or de-identify it.

12. Governing Law

The terms of this Privacy Policy are governed by and in accordance with the laws of the state of Nebraska, and, where applicable, the laws of the countries where our servers are located. You should not provide us with any Personal Information unless you consent to the application of United States law and, where applicable, California law, and to the use and disclosure of your information in accordance with the terms of this Privacy Policy.

13. Privacy Complaints

We take our users’ privacy concerns seriously. If you believe that we have not complied with this Privacy Policy with respect to your Personal Information, you may write to us at the address noted above.

Also, please note that we are not responsible for the content or privacy practices of third party websites or integrated products to which the Site or the Services may link. You should review the privacy policies of such sites before using the associated sites.

The Services are intended for users in the United States and those not governed by privacy policies of other countries. Users outside the United States are advised not to disclose Personal Information to us.