Kobai Privacy Notice

This Privacy Notice was last updated on: December 26, 2022Kobai, Inc. (“Kobai”, “Company”, “us,” “our,” or “we”) provides our website located at https://www.kobai.io (the “Website”).This Privacy Notice is intended to help you better understand how we process your personal information in connection with our operation of the Website. It governs how we collect, use, store and disclose the personal information we obtain through the Website.By visiting the Website, and by submitting information through the Website, you agree to the practices described in this Privacy Notice. IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, PLEASE DO NOT USE THE WEBSITE. We reserve the right to modify this Privacy Notice at any time. If we make changes to this Privacy Notice, we will provide notice of such changes as appropriate, such as by updating the last updated date at the top of this Privacy Notice with a change notice on the Website and/or by sending you an email to the address that you have provided to us.Please take a moment to familiarize yourself with our privacy practices, and let us know if you have any question by contacting us at privacy@kobai.io.

1. The Personal Data That We Collect

Personal Data You Choose to Provide Us
When you use our Website
, you will have the opportunity to provide us with
the Personal Data in certain circumstances such as: name, phone number, job title, company, phone number, and e-mail, so we can update you on our latest products, job openings.

When You Submit a Job Application
When you respond to a job posting on the Website,
we collect any Resumé, academic records, references, employment history and any other employment-related data that you provide to us in connection with recruiting, as further explained below.

When you communicate with us, we will collect any Personal Data you provide us in your communication which may include the nature of your concern or request, your name, job title, company, your email, and your phone number.

Personal Data We Automatically Collect
We also automatically collect certain Personal Data:

Kobai Website: When you visit our Website we may automatically collect Personal Data, such as: your browser or operating system, IP address viewed content; platform type; the time that your device visited our website; the state or country from which you accessed the Website; information collected in or through our cookies or similar technologies, and other similar information.

Personal Data from Other Sources. If provide information to us through a third-party social network service or platform such as LinkedIn, you are authorizing us to use inaccordance with this Privacy Notice any and all information that you agreed that third party could provide to Kobai.

Anonymized and Aggregated Personal Data
We may collect data that is already in anonymized form or we may manually anonymize Personal Data collected via the Website so that the data does not identify you. We may also combine Personal Data with other data so that it doesn’t identify you specifically (“Aggregate Data”). We use and disclose such anonymized information and anonymized Personal Data to others for any purpose.

2. How we use cookies, analytics and similar technologies

Cookies and similar technologies
: When you use the Website or our services, we and the companies we work with, we or our authorized third parties collect certain information by automated means using cookies, web beacons, tags, scripts, server logs, and/or similar technologies. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that IP addresses or similar identifiers are considered Personal Data by applicable law, we also treat these identifiers as Personal Data. 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 Notice.

How to Manage Your Cookie PreferencesWhere required by applicable law, we will obtain your consent prior to setting cookies (except for strictly necessary cookies). While tracking is widespread over the internet, there are things you can do to minimize these activities with respect to browser cookies.

Browser Settings

Most web and mobile device browsers automatically accept cookies by default, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.

In order to manage your cookie preferences, you may alter the cookie settings in your browser settings at any time. In addition, depending on your location, we may provide additional methods for you to manage your cookie preferences. If you do disable certain cookies, you may find that certain features and/or functionality of the Vivid Platform or the Website do not work.To learn more about cookies, including how to manage cookies and opt-out of cookies being placed on your device, please visit http://www.allaboutcookies.org/manage- cookies/index.html.

Do Not Track Settings

• You may turn on the Do Not Track (“DNT”) setting in your browser, which will enable your browser to send a special signal to websites, analytics companies, plug in providers, and other web services you encounter while browsing to stop tracking your activity. To turn on your DNT signal, pleasevisit https://allaboutdnt.com/#adjust-settings. Please note that not all companieswill respond to or honor DNT signals.

• Note that Kobai does not process or respond to web browsers' "do not track"signals or other similar transmissions that indicate a request to disable online tracking of users who use the Site.

3. How we use your Personal Data

• Where we need to perform the contract, we are about to enter into or have entered into with you. For example, when you request information about purchasing our products or services, that’s a contract.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, when we send you notices about updates to our Privacy Notice.

• To respond to your communications to us.

• Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.

• We collect information from and about potential candidates in connection with employment opportunities at Kobai. This information may include name and contact information, resumé, academic records, employment history and references. We use the Personal Data that you provide to match your skills, experience, and education to available and/or specific roles within Kobai. This information is passed to the relevant hiring managers and individuals involved in the recruiting process in order to assess next steps. We may also collect further information from you as you move along in the recruiting process. In connection with our recruiting activities, we may also collect special categories of Personal Information from candidates when we have a legal obligation to do so if the information is relevant to the future provision of employment, or with the individual's explicit consent. For instance, we may need to collect information about a candidate’s immigration status in order to ensure that we may legally hire that candidate, or a candidate’s disabilities in order to provide a suitable working environment for that candidate if the candidate is hired by Kobai. We may also need to conduct criminal background checks. We may also ask a candidate to provide diversity information about race/ethnicity and sexual orientation for diversity monitoring purposes, although providing this information will be entirely up to the candidate.

See Explaining the legal bases we rely on to process Personal Data to find out more about the types of lawful basis that we will rely on to process your Personal Data.

Explaining the legal bases we rely on to process Personal Data

Below is a description of all the ways we plan to use Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Our primary purpose in collecting Personal Data is to provide you with a secure, smooth, efficient and customized experience. We use your Personal Data to:

Improve our Product and Services: We use the Personal Data we collect to operate and improve the content and general administration of our mobile applications, camera, cloud services and website, to understand how users use and interact with our services, improve the overall Kobai customer and product experience, and perform research and analytics. This is for our legitimate interests.

Keep you posted: We use the Personal Data we collect to notify you about updates to our products and services, and send you promotional messages, targeted marketing and content. If you do not wish to receive these product announcements from us, you may opt-out as set forth in the messages we send you. This is for our legitimate interests and to perform a contract with you, and may be based on consent.

In the Case of Recruiting, to see if you might be a match for our job opening(s).

4. Your control over your Personal Data

Right to modification and deletion: If you wish to modify, deactivate or delete your account or Personal Data associated with it, please contact us at privacy@kobai.io. We may decline to process requests that are frivolous, vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

If you are located in the European Economic Area and/or the UK, you have other rights as set forth in Section 10 (Your Rights)

5. How we share your Personal Data

While we do NOT sell, share, rent or trade your Personal Data to anyone, your Personal Data may be shared in certain limited circumstances to provide and support our services:

To service providers: We may share your Personal Data with service providers such as our hosting service provider, as well as other partners, who work at our direction to support our services.

Other parties in connection with certain business transactions: In the event that the ownership of Kobai changes as a result of a merger, acquisition, or in the event of a bankruptcy, your Personal Data may be transferred to another company. Should we legally become part of a group of companies, we may share your Personal Data within such group.

Consent: We may share your Personal Data for any other purpose for which you give us your express consent.

Anonymized and aggregated data: We may share anonymized or Aggregate Data with others for any purposes, provided such data does not contain your Personal Data.

Legal complianceIn response to legal requests: We reserve the right to access, preserve and share information in response to a legal request (such as search warrant, court order or subpoena) if we believe in good faith that that we are required to do so by law, regulation or other government authority. This may include responding to legal requests from jurisdictions outside of the United States if we believe in good faith that we are required to so by law, regulation or other government authority in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

To prevent harm: We may also access, preserve and share information if we believe in good faith that it is necessary to detect, prevent and address fraud or other illegal activity; to protect Kobai, our Website, you and others, or to prevent death or imminent bodily harm. Note that your Personal Data may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation or investigations concerning possible violations of our terms and conditions of use (up to a year retention), or otherwise to prevent repeat abuse and harm.

6. How we protect your Personal Data

Security measures: We will take appropriate physical, technical, and organization measures generally consistent with industry practice, to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration and destruction. We may use password protection, encryption, secure socket layers, and firewalls.

7. Children’s Privacy. Kobai’s Websites are intended for general audience and not children under the age of 16. We do not knowingly collect Personal Data from children under the age of 16 and, should we become aware of such collection, we will take reasonable steps to delete any such information as soon as possible.

8. Data RetentionWe will only keep your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers, such as payment data, generally for seven years after they stop being customers for tax purposes. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law.In some circumstances you can ask us to delete your data; see Your legal rights below for further information.

9. Additional Personal Data for international users

While Kobai is an international business, our offices are located in the United States, and as a result regardless of where you use our services or otherwise provide information to us, the information we collect may be transferred to and maintained on servers located in the United States. The laws, regulations and standards of the country in which this information is stored may be different from your own country. The General Data Protection Regulation (“GDPR”) allows for transfer of Personal Data from the European Economic Area and/or the UK to a third country in certain situations. By consenting and agreeing to the terms of use and this Privacy Notice, you agree to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in other countries, particularly the European Economic Area and/or the UK, and to the processing of that information by Kobai on servers located in the United States of America as described in this Privacy Notice. In our discretion, we may adopt other means, such as entering into data processing agreements that include the EU Standard Contractual Clauses or enter into different certification programs under applicable law for ensuring adequate safeguards. If you wish to execute a data processing agreement with us, please contact us.

10. Your Rights

If the General Data Protection Regulation applies to you because you are in the European Economic Area and/or the UK, you have rights under data protection laws in relation to your Personal Data:

• The right to be informed – that’s an obligation on us to inform you how we use your Personal Data (and that’s what we’re doing in this Privacy Notice);

• The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the Personal Data we hold about you;

• The right to rectification – that’s a right to make us correct Personal Data about you that may be incomplete or inaccurate;

• The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the Personal Data we have about you (unless there’s an overriding legal reason we need to keep it);

• The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing Personal Data;

• The right to data portability – that’s a right for you to ask us for a copy of your Personal Data in a common format (for example, a .csv file);

• The right to object – that’s a right for you to object to us processing your Personal Data (for example, if you object to us processing your data for direct marketing); and

• Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.

These rights are subject to certain rules that provide when you can exercise them. More information on these rules is available on the website for the Personal Data Commissioner’s Office website for the country in which you reside.

You will not have to pay a fee to access your Personal Data (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 may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data 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.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us at privacy@kobai.io.

You have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance.