MAKEPATH, LLC TERMS OF SERVICE

This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and makepath, LLC (“makepath”). These Terms govern your use of makepath’s website makepath.com or maps.makepath.com (the “Site”) offering services information, industry content, and other various open- source software offerings involving geospatial data science offerings, including map tiles for geospatial mapping applications (“Map Tiles”) through the Site (together with the Site, the “Services”). The Services are licensed, not sold, to you.

BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE MAKEPATH PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.

1. License Grant. Subject to these Terms, makepath grants you a limited, revocable, non-exclusive, and nontransferable license to use the Site for your personal, non-commercial use on devices owned or otherwise controlled by you and to use the Services strictly in accordance with these Terms.

2. Modification to these Terms and the Services.
makepath may, at its sole discretion, change these Terms, including the makepath Privacy Policy, from time to time. If changes occur, we will notify you by email to the email affiliated with your account. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.

Additionally, makepath reserves the right to modify, suspend, or discontinue the Services, whether temporarily or permanently at any time for any reason. You agree that makepath shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to the Site in order to continue to use the Services. makepath may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.

3. Communications

You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.

4. makepath Account

You may access the Site without registering for an account, but as a condition of using certain aspects of the Services, including storage and transfer capabilities, you are required to create a makepath account (an “Account”).

You are solely responsible for maintaining the confidentiality of your account and credentials associated therewith and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to makepath immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. makepath cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. Payment.

While we may offer portions of the Services for free, we do charge for certain features of the Services through the Site. When paid by you, these payments are final and non-refundable. makepath, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.

makepath will charge, and you authorize makepath to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, makepath may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.

makepath reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time. Regardless of the cause, makepath reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.

6. License Restrictions. You shall not:

(a)  use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;

(b)  use the Services for any illegal purpose, or in violation of any local, state, national, or international law;

(c)  copy any portion of the Services, except as expressly permitted by this license;

(d)  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;

(e)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;

(f)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;

(g)  rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;

(h)  remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;

(i)  directly or indirectly take any action that imposes or may impose (as determined by makepath in its sole discretion) an unreasonable or disproportionately large load on makepath or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services;

(j)  create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account;

(k)  impersonate or attempt to impersonate makepath, a makepath employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

(l)  engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm makepath or users of the Site, or expose them to liability;

(m)  for the purpose of harassing, exploiting, discriminating against any users of the Site, including but not limited to communications or behaviors that would be construed as vulgar, obscene, discriminatory or disrespectful; or

(n) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

If for any reason, makepath determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

7. Reservation of Rights. You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. makepath, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

8. Content. Through the Services, or via other users, makepath may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services.

9. Collection and Use of Your Information. You acknowledge that when you use the Site, makepath uses automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. You may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the makepath Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the makepath Privacy Policy.

10. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

11. Updates. makepath may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that makepath has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.

12. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that makepath is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. makepath does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

13. Term and Termination. The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or makepath as set forth in this section. You may cancel your account at any time through your account settings. We may suspend or cancel your account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. makepath reserves the right to remove your account information along with any account settings from our servers with NO liability or further notice to you. Upon termination of your account, your license to use makepath’s Services terminates.

14. Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAKEPATH, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MAKEPATH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL MAKEPATH, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, MAKEPATH’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Indemnification. You agree to indemnify, defend, and hold harmless makepath and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.

17. Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

18. US Government Rights. The Services are a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.

19. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and our Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Travis County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Entire Agreement. These Terms, our Privacy Policy, and any statements or rules on the Services on your date of access constitute the entire agreement between you and makepath with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.

21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.

22. Contact. If you have any questions regarding these Terms, please contact us at contact@makepath.com.

Last Update: [July 9, 2023]

MAKEPATH, LLC PRIVACY POLICY

makepath, LLC, a Texas limited liability company (“makepath” “we,” “us,” or “our”) operates the websites located at makepath.com or maps.makepath.com and other related sites (collectively, the “Site”) offering services information, industry content, and other various open-source software offerings (together with the Site, the “Services”).

makepath respects and protects the privacy of the users that use our Services. We maintain strict policies to ensure the privacy of those who use our Services (“End Users,” “you,” or “your”) or those who may just visit our Site without otherwise using our Services (“Visitors”). This policy (“Privacy Policy”) describes the types of information we may collect from you and our practices for collecting, using, maintaining, protecting, and disclosing such information. This Privacy Policy also includes a description of certain rights that you may have over information that we may collect from you.

By using the Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is to not use our Services.

Summary of Data Collection, Disclosure and Sale

Here is short summary of data the categories of data we have collected, disclosed, and sold over the last twelve months. We do not sell data. The rest of this Privacy Policy provides more in-depth information on our privacy practices.

● Identifiers, such as contact details, such as real name, alias, address, telephone number, unique personal identifiers, online identifiers, IP address, email address, and account name.

  • Do we collect? Yes
  • Will we disclose this data as part of our business? Yes
  • Will we sell this data? No

● Categories of PI described in the California Consumer Privacy Act, GDPR or otherwise (including name, email, phone number, mailing address, birthday, SSN, driver’s license number, bank account number, health information)

  • Do we collect? Yes
  • Will we disclose this data as part of our business? Yes
  • Will we sell this data? No

● Commercial information: (Transaction information, purchase history, financial details, and payment information) o Do we collect? No

  • Will we disclose this data as part of our business? No
  • Will we sell this data? No

● Geolocation data: (device location)

  • Do we collect? Yes
  • Will we disclose this data as part of our business? Yes
  • Will we sell this data? No

● Internet or other electronic network activity information: (Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements)

  • Do we collect? Yes
  • Will we disclose this data as part of our business? Yes o Will we sell this data? No

● Inferences drawn from other personal information to create a profile about a consumer: (for example, an individual’s preferences and characteristics)

  • Do we collect? Yes
  • Will we disclose this data as part of our business? Yes
  • Will we sell this data? No

● Biometric information

  • Do we collect? No

● Characteristics of protected classifications under California or United States federal law

  • Do we collect? Yes

● Audio, visual or similar information

  • Do we collect? No

● Professional or employment related information

  • Do we collect? Yes

● Non-public education information (per the Family Educational Rights and Privacy Act)

  • Do we collect? No

INFORMATION THAT MAKEPATH COLLECTS

Types of Information Collected

Personal Data

“Personal Data” is information by which you may be personally identified. makepath may collect the following Personal Data from you:

  • Name;
  • Email;
  • Company of employment name and information; and
  • Any other information voluntarily supplied by you to us reasonably necessary to perform the Services (optional).
  • Your bank account information, payment information, social security number, or driver’s license number may be collected by third-party vendors, including our payment processors. Such identifying information is not collected or stored by makepath. Your data may be processed, collected, shared or stored by third-party vendors, including website service providers, website analytics providers, third party payment processors, or other service providers we use to conduct business. Such processing, collection, sharing or storing of data by such third parties is not processed, collected, shared or stored by makepath, with the exception of our analytics service provider as we use such services to assist in better understanding the Visitors on our Site.

Non-Personal Data

Non-personal data includes any data that cannot be used on its own to identify, trace, or identify a person. We may collect your device information, including GPS data and IP address.

How we collect information

We collect information when you provide it do us directly through an interaction with us; for example

  • When you apply or register for the service;
  • When you fill out contact or registration forms;
  • When you fill out feedback forms;
  • When you contact us through our Site;
  • When you contact us for service requests.
  • Why we collect and how we use your information. (Legal Basis)

We collect and use your Personal Data when we have a legitimate purpose to do so, including the following reasons:

  • To verify your eligibility to use the Services;
  • When it is necessary for the general functioning of the Services, including to contact you;
  • When it is necessary in connection with any contract you have entered into with us or to take steps prior to entering into a contract with us;
  • When we have obtained your or a third party’s prior consent;
  • When we have a legitimate interest in processing your information for the purpose of providing or improving our Services;
  • When we have a legitimate interest in using the information for the purpose of contacting you, subject to compliance with Applicable Law; or
  • When we have a legitimate interest in using the information for the purpose of detecting, and protecting against, breaches of our policies and applicable laws.

We may use aggregated (anonymized) information about our End Users, and information that does not identify any individual, without restriction.

Information Collected from Third Parties

Information from our service providers: We may receive information about you from third-party service providers that we engage for marketing our products and services.

Information from social media sites and other publicly available sources: When you choose to login or sync your account through a third-party account, or interact or engage with us on social media sites, or other social platforms, through

When non-Personal Data you give to us is combined with Personal Data we collect about you, it will be treated as

Personal Data and we will only use it in accordance with this Privacy Policy.

posts, comments, questions, instant messaging, and other interactions, we may collect such publicly accessible information, including profile information, to allow us to connect with you, improve our products, or better understand user reactions and issues. Once collected, this information may remain with us even if you delete it from the social media sites. We may also add and update information about you, from other publicly available sources.

Accessing and Controlling Your Information

If you would like to prevent us from collecting your information completely, you should cease use of our Services. You can also control certain data via these other methods:

Correction capabilities: You have the ability access and correct any inaccuracies in your personally identifiable information by contacting us at contact@makepath.com.

Opt-out of non-essential electronic communications: You may opt out of receiving newsletters and other non- essential messages by using the ‘unsubscribe’ function included in all such messages or by contacting us directly at contact@makepath.com. However, you will continue to receive notices and essential transactional emails.

Optional information: You can always choose not to fill in non-mandatory fields when you submit any form linked to our services.

Under the United States California Consumer Privacy Act, the Virginia Consumer Data Protection Act, Nevada’s privacy laws, and other state-specific consumer privacy laws regarding notice of information collected, residents of these states have statutory data rights. We provide the same control and rights over your data no matter where you choose to live in the United States. As a user of makepath, you have the following control over your data:

  • Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information’s source, purpose and period of processing, and the persons to whom the information is shared.
  • Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
  • Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
  • Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Right to data portability: You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.

Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing

If you are a resident of the European Economic Area (EEA), you may have certain rights under the European Union’s General Data Protection Regulation (GDPR). The information collected from you by us must be explained as follows in order for GDPR compliance. Please email us if you have any questions or want to exercise your rights in accordance with this Privacy Policy under these applicable laws.

  • makepath’s legal basis for the processing your data includes the necessity to contract with you and perform our Services.
  • makepath’s legitimate interests in collecting such data include legitimate interests of our business, including but not limited to performing Services for you and other End Users, collecting necessary information in order to safely and accurately perform such Services, fraud prevention, information security, direct marketing, and legal compliance.
  • makepath does not collect categories of personal data from sources other than yourself.
  • makepath may transfer personal data outside of the jurisdiction, such as in the United States, where we conduct our Services.
  • makepath stores this information for as long as necessary to conduct Services. We will delete any data that has not been used for a period of five (5) years or longer.
  • makepath does not use automated decision-making, such as profiling, during your application process.
  • If you are a citizen where which GDPR applies, you have the right to object to or restrict data processing, the right to erasure also known as the right to be forgotten, and the right to data portability.

At any time, you have the right to withdraw your consent for us to use, store, or collect your data and file a complaint with your local supervisory authority.

Exercise Your Data Rights

We acknowledge your right to request access, amendment, or deletion of your data. We also recognize that you have the right to prohibit sale of your data, but we do not sell data.

You can exercise the rights described above, by sending an email or mail to the addresses listed in the Questions and Comments section below. Only you, or an agent authorized to make a request on your behalf, may make a request related to your personal information.

We cannot respond to your request if, (i) we cannot verify your identity; or (ii) your request lacks sufficient details to help us handle the request. We will make best efforts to respond to your request withing forty five (45) days of its receipt. If we cannot respond in forty five (45) days, we will inform you, in writing, the reason for the delay and will respond to your request within 90 days. Any information we provide will only cover the twelve (12)-month period preceding the request’s receipt.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We are not obligated to provide responses to your data requests more than twice in a twelve (12)-month period.

Automated Data Collection Methods

Cookies. A cookie is a small file placed on the hard drive of your computer. We use cookies to help manage our website and report on your interaction with the Site.

Log Files. We use means through the Services to collect IP addresses, location data, and access times.

How Long Do We Store Personal Data?

We will only retain your Personal Data for as long as is necessary to fulfil the purposes for which it is collected. This length of time may vary according to the nature of your relationship with us. Personal Data will be purged after five (5) years of nonuse of an account.

Users under the age of 13

Our Services are not intended for anyone under 18, particularly children under 13 years of age, and we do not knowingly collect Personal Data from children under 18. Participation in our Services is limited to individuals of 18 years old or older (or the age of majority in your jurisdiction). If you are under 18, do not use or register on the Services, use any of the interactive submission features on our Site, or provide any information about yourself to us. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at the email address listed below.

Do Not Track Settings

We do not track our Users over time and across third party websites to provide targeted advertising and do not specifically respond to Do Not Track (“DNT”) signals.

WHO WE SHARE DATA WITH

We may use aggregated (anonymized) information about our End Users and Visitors, and information that does not identify any individual, without restriction.

We do not sell Personal Data specific personal or transactional information to anyone except as described below.

Affiliates and Subsidiaries

We may, for our legitimate interests, share your information with entities under common ownership or control with us who will process your information in a manner consistent with this Privacy Policy and subject to appropriate safeguards. Such parent companies, affiliates, or subsidiaries may be located in the United States.

Successors in Interest

We may, for our legitimate interests, share your information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which Personal Data about our End Users is among the assets transferred. You will be notified of any such change by a prominent notice displayed on our Services or by e-mail. Any successor in interest to this Privacy Policy will be bound to the Privacy Policy at the time of transfer.

Law enforcement and other governmental agencies

We may share your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. This may involve the sharing of your information with law enforcement, government agencies, courts, and other organizations.

Service Providers

We may, for our legitimate interests, share certain information with contractors, service providers, third party authenticators, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Some of the functions that our service providers provide are as follows:

  • Server infrastructure and storage;
  • Business analytics services;
  • User and identity verification management;
  • Payment processing;
  • Site log analytics service for activity, performance, and troubleshooting;
  • Marketing, sales, and service management;
  • Conducting our Services; and
  • Email management services.

We may use and disclose your personal data that you have voluntarily provided to us to third parties who contract with us to conduct our Services. We hereby acknowledge that any such disclosure shall be in compliance with all applicable data privacy laws in any given disclosure (“Applicable Law(s)”) and further acknowledge compliance with any such policies of covered third party entities we may work with.

THIRD-PARTY SERVICES AND WEBSITES

makepath is not responsible for the privacy policies or other practices employed by websites linked to, or from, our Site nor the information or content contained therein, and we encourage you to read the privacy statements of any linked third party. This includes sharing information via social media websites.

DATA STORAGE AND HOW MAKEPATH PROTECTS YOUR INFORMATION

makepath stores basic End User data on our servers including name, email, username, and company name. Payments are not always required by End Users. If an End User makes a purchase and a payment is required, then payment information is processed and stored by our partners or service providers. Personal Data about End Users and Visitors is stored within the United States. The Services are only intended to be used inside the United States and we do not seek users from outside such locations at this time. If you are using the Services from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Data to the United States. Such locations may have laws which are different, and potentially not as protective, as the laws of your own country. By providing your Personal Data, you consent to any transfer and processing in accordance with this Privacy Policy. For the avoidance of doubt, our Site and Services are not intended for any users outside of the United States.

makepath employs physical, electronic, and managerial control procedures to safeguard and help prevent unauthorized access to your information. We choose these safeguards based on the sensitivity of the information that we collect, process and store and the current state of technology. Our outsourced service providers who support our operations are also vetted to ensure that they too have the appropriate organizational and technical measures in place to protect your information.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your information transmitted to the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. In the event that there is breach in the information that we hold; we shall notify of such breach via email or via notice on the Services.

CHANGES TO THE PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page of the Site. If we make material changes to how we treat our End Users’ or Visitors’ Personal Data, we will notify you by email to the primary email address specified in your account or through a prominent notice on the Site. Such changes will be effective when posted. The date the Privacy Policy was last revised is identified at the top of the page. Your continued use of our Services following the posting of any modification to this Privacy Policy shall constitute your acceptance of the amendments to this Privacy Policy. You can choose to delete the Site and discontinue of use the Service if you do not accept any modified version of this Privacy Policy.

QUESTIONS AND COMMENTS

If you have any questions or comments about this Privacy Policy, or if you would like to file a request about the data we hold or file a deletion request, please contact Customer Support at contact@makepath.com.