Privacy Policy Last Updated: May 2, 2022 HR Acuity, LLC (“we,” “us,” or “our”) owns, operates, and provides this website (the “Site”) and the software as a service made available by us, accessible via the Internet, for managing certain information regarding inappropriate behavior (collectively, “Speakfully”). Please read this Privacy Policy (this “Policy”) and our Terms of Use (the “Terms”) carefully, as they govern your access to and use of the Site and Speakfully. By using or accessing the Site or Speakfully, you accept and agree to this Privacy Policy and our Terms. Schools and school districts (“Educational Institutions”) may purchase or otherwise subscribe to the SpeakfullyNow version of Speakfully.  Once purchased or subscribed to, SpeakfullyNow can be used by children, including children under the age of 13, at the direction and under the supervision of said Educational Institutions.  We recognize the need to provide additional privacy protections with respect to the personal information we collect from children under 13 pursuant to the United States’ Children’s Online Privacy Protection Act of 1998 (“COPPA”).  Accordingly, please see our COPPA Privacy Policy that includes our privacy practices with respect to children under 13. If you are consenting to this Policy on behalf of another individual or business, you represent and warrant that you have full authority to act for and to bind that individual or business to this Policy, in which case “you” and “your” refer to such individual or business. If you do not have such authority, you shall not use or access Speakfully or the Site. In this Policy, we use the capitalized terms “Speakfully User,” “Individual User”, “Employee User,” “SpeakfullyNow User”, and “Organization.” Those capitalized terms used in this Policy have the meaning defined in the Terms. What Information Do We Collect? We collect information when you use or access the Site or Speakfully. You provide information when you post or transmit content (including any text, graphic, audio, video, or other content) to us, respond or subscribe to surveys, newsletters or mailing lists, or otherwise use or access the Site or Speakfully. The information you provide may include your name, address, phone number, email address, company name, job title, IP address, content of messages transmitted to us via the Site or Speakfully, and other information that personally identifies you or can otherwise be linked to you. When you access or use the Site or Speakfully, we may send one or more cookies – small files – to your computer or other devices. We may be able to uniquely identify your browser with such cookies. We may use session cookies and persistent cookies. Session cookies provide information to us while your browser is open. Persistent cookies provide information to us after you close your browser and later re-open it. If you disable cookies in your browser, some features of the Site or Speakfully may not function. We may also record certain information that your device sends or makes available whenever you use or access the Site or Speakfully. Such information may include your location, your device and its specifications, your referring page or service and URL, IP address, browser type and language, operating system specifications, pages viewed, the time you spend on each page, the order in which you view pages, the date and time of your use or access, the exit page or service and URL, application crashes, and similar information. We may also use technology such as web beacons and clear gifs to track your use of and access to the Site. We may also use this technology in emails we send to you to track whether you opened the email. Some web browsers and devices permit you to broadcast a preference to websites and online services that they “do not track” your online activities. At this time, we do not modify what information we collect or how we use that information based upon whether we receive such a signal. If you have questions regarding the personal information about you that we process or retain, please contact us at support@speakfully.com. Please also review our Terms. We also collect additional information when you use Speakfully. Depending on how you decide to use Speakfully or the version of Speakfully used, the information we collect from you may vary. When you use or access Speakfully as an Employee User or SpeakfullyNow User, certain metrics and other information regarding your use of and access to Speakfully will be made available to the associated Organization via that Organization’s Speakfully dashboard, as described in the Terms and in this Policy. When you answer questions or submit other information to Speakfully, you may elect to provide Speakfully certain personal information. For example, if you are an Employee User or SpeakfullyNow User  and wish to submit log an entry, you will be required to answer certain questions posed by the Organization regarding that entry as described in the Terms. At the point when you submit log the entry, we do not permit the Organization to ask you for the following:

• Your name linked with your answers to the Organization questions;
• Your name linked to the submission;
• The name of the submission;
• Your free text written description of the experience detailed in the submission; or
• Attachments to the submission.

As another example, if you are an Employee User the Organization associated with your Employee User account may perform employee surveys by sending an email or other notice via Speakfully to all Employee Users associated with the Organization’s Speakfully account. You may view or complete such survey as described in the Terms. These surveys are voluntary, and you are not required to view or complete them. We do not require you to complete or view any such survey in order to use or access Speakfully. Unless different terms apply by separate contractual agreement, we do not permit the Organization to ask you for your name in any such survey, and Organizations are prohibited from engaging in that activity under the Terms. Unless you choose to disclose your name when you complete the survey, we do not disclose your name to the Organization when you view or complete a survey. The Organization can see aggregate statistics about survey answers and view rates via Speakfully, whether or not you or any other Employee User or SpeakfullyNow User views or completes any survey. We do not control, and are not responsible for, how the Organization recipient uses or discloses such aggregate statistics.  Such statistics will not be deleted from our systems if you delete your account. As another example, if you are an Employee User or SpeakfullyNow User we may also provide you with the ability to submit via Speakfully feedback directly to the Organization. You may or may not choose to identify yourself in any such feedback. We do not control, and are not responsible for, how the Organization recipient uses or discloses such feedback. As another example, if you are an Employee User and wish to make a submission to the Organization associated with your Employee User account, you will be required to answer additional questions regarding that submission folder as described in the Terms . For more information about folder submissions made as an Employee User, see Section 7 of the Terms As an Individual User who exports submissions a folder, however, these questions are optional, as described in the Terms The information you submit enter as a Speakfully User is “Speakfully User Data”. For more information about how to use Speakfully, participate in surveys, make submissions to an Organization, export folders, or delete certain information, please see the Terms. In the Terms, we also provide a description of the information made available to Organization administrators via Speakfully about the Employee Users associated with the Organization’s Speakfully account. Such information may include information regarding your use of Speakfully, as described in the Terms, so please read them carefully. If you are an Organization, we also collect additional information when you use and access Speakfully. The additional information we collect from you includes the information described below (collectively with other information we collect from you described above, “Organization Data”):

• information you provide when subscribing to Speakfully;
• financial information, including credit card, debit card, or bank account information, which you provide to our third party processors when paying for Speakfully;
• information you provide in connection with any customer support, product evaluation, and dispute resolution; communications through which Speakfully monitors the progress of reports, communications with us and our personnel, and other communications generated by your use of Speakfully; and
• all data Organization administrators are able to access in the dashboard, activity logs of Organization administrators for each report, and optional comments for each report.

May Educational Institutions Consent as Agents? When an Educational Institution contracts with us to offer SpeakfullyNow solely for the use and benefit of the Educational Institution, and for no other commercial purpose, the Educational Institution may consent to the collection of a child’s personal information on his or her parents’ behalf. We provide the Educational Institutions using SpeakfullyNow with the parental notices required under COPPA, including a description of the personal information we collect from children, how we collect it, how we can use it, how we can disclose it, how the Educational Institution can consent to collection of such information, and all other rights over such information (please see our COPPA Privacy Policy Notice that includes our privacy practices with respect to children under 13). How Do We Use The Information? We use Speakfully User Data and Organization Data, and the other information we collect through your use of and access to the Site and Speakfully, and share such information with our affiliates, third party IT systems providers (email, server, and other IT administration providers), data storage, providers, website hosting providers, and customer relationship management system providers, to operate, maintain and provide the features and functionality of the Site and Speakfully, including to:

• establish your Speakfully account and communicate with you regarding your account;
• operate, improve, and personalize Speakfully for you, including any collection and processing of payment for Speakfully;
• provide you information regarding Speakfully (consistent with your communications preferences) and monitor the effectiveness of such communications;
• provide reports and other information in your Speakfully dashboard as detailed in the Terms;
• make certain metrics and other information regarding your use of and access to Speakfully as an Employee User or SpeakfullyNow User available to the Organization, as described in the Terms;
• contact Speakfully Users and Organization account administrators to detect, prevent, and mitigate fraudulent or illegal activities, investigate or inform about any security issues affecting us, the Site, or Speakfully, enforce our Terms or other applicable policies or agreements, to provide Speakfully to Speakfully Users and Organizations, and comply with our legal obligations; and
• monitor use of and access to Speakfully and the Site.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce the Terms and this Policy, including investigation of potential violations of the Terms; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety. In the event that we are involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, or a change of control, there may be a disclosure related to such event to another entity of your Speakfully User Data, your Organization Data, and any other information you submit to us or we collect from you. Except to the extent otherwise permitted or described in the Terms or this Policy, we will not intentionally disclose your unencrypted Speakfully User Data or your unencrypted Organization Data to any third party. What Are Your Controls and Choices? You have the right to exercise certain controls and choices regarding our collection, use and sharing of your information. Your controls and choices include the following:

• you may access, correct, update, delete, or submit other requests regarding your personal information in your Speakfully account to the extent permitted by the features made available to you in Speakfully. Our Terms provide additional information regarding these features, so please read them carefully; and
• you may change your choices for newsletters and alerts as described in the applicable newsletter or alert.

You may, of course, decline to submit personal information to us, in which case we may not be able to provide certain services to you. We reserve the right to take reasonable steps to verify your identity before complying with your requests. How Do We Protect Your Information? We’re committed to protecting the security of your personal information and take reasonable precautions to protect it. We use industry-standard encryption to protect your data in transit and while it is stored on our servers. This is commonly referred to as transport layer security (TLS) or secure socket layer (SSL) technology. However, Internet data transmissions are not guaranteed to be 100% secure, and we cannot ensure the security of information during its transmission between you and us. Accordingly, you acknowledge that when you transport such information, you do so at your own risk. We protect your personal information in our systems using technical and administrative security measures designed to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. However, you acknowledge and agree that we have no responsibility for adequate security, protection, and backup of information in our possession or control or the possession or control of any recipient to whom you send a report, of our service providers, of Speakfully Users, or of Organizations. In addition, we do not control, and are not responsible for, how you or anyone else use or disclose the information you submit to an Organization or you otherwise export from Speakfully. If we learn of a Speakfully system breach, we will notify you and provide information on protective steps, if available, using the information that you have provided to us. We may also post a notice on the Site and/or notify you via Speakfully or via the email address associated with your account at the time. We recommend that you do not use or access Speakfully or the Site from any device or network you do not trust. We cannot prevent, nor be held responsible for, you being monitored by others, particularly if you communicate using computing devices or networks owned or controlled by third parties. If you received suspicious reports via a Speakfully email address, please contact us at support@speakfully.com. If you believe you’ve discovered a potential security vulnerability with our systems, we appreciate your help in disclosing the issue to us at support@speakfully.com. Governing Law and Jurisdiction The Site and Speakfully are hosted in the United States. If you are using or accessing the Site or Speakfully from outside the United States or any other region with laws or regulations governing information collection, use, and disclosure that differ from the United States laws, please be advised that through your use of or access to the Site or Speakfully, which are governed by U.S. law, you are transferring information to the United States and you consent to that transfer. The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to this Policy, the Site, and Speakfully, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter hereof. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located in Eau Claire County, Wisconsin for the purpose of any suit, action, or other proceeding arising out of or based upon this Policy and your access to or your use of the Site and Speakfully, which courts are the exclusive forum for any such suit, action, or other proceeding. Updates to the Privacy Policy We reserve the right at our discretion to change the Privacy Policy at any time. We will post the most current version of the Privacy Policy to a Privacy Policy page on our website and within Speakfully. If we make a material change to the Privacy Policy, we will notify either by posting a notice on our website and within Speakfully or by contacting you through the email address associated with your account. Changes will take effect as described in the notice. If you use Speakfully after the change takes effect, you accept the Privacy Policy as modified. Contact Us If you have any questions or suggestions regarding this Policy, please contact us. HR Acuity, LLC 23 Vreeland Rd #220, Florham Park, NJ 07932