Fountain9 Privacy Policy

Effective Date: March 8, 2024

WE WILL POST ANY CHANGES TO THIS PRIVACY POLICY IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. PLEASE REGULARLY REVIEW THIS PRIVACY POLICY. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR SERVICES, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THIS PRIVACY POLICY.

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1. The Scope of this Policy

This Privacy Policy covers any Personal Information we obtain when you visit us, use our services, or access the features on the websites that Fountain9, Inc (“Fountain9” or “we” or “us”) owns or controls (today or in the future), including www.fountain9.com and www.kronoscope.ai (collectively, the “Sites”). You can access the Sites in many ways, including from a computer or mobile phone, and this Privacy Policy will apply regardless of the means of access. This Privacy Policy also governs the use of Personal Information we obtain from you from any third party site or application where we post content or invite your feedback or participation, including, but not limited to, Twitter, Facebook, and LinkedIn. Fountain9 cannot control the privacy policies or practices of such sites or of companies Fountain9 does not own or control, and cannot control the actions of people Fountain9 does not employ or manage. You should always check the privacy policies of these sites and your privacy settings.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE AND PLATFORM.

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO.

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2. The Information We Collect

Personal Information

When you use our Sites, you may choose to provide certain information directly to us to request more information or services, including the following Personal Information:

• first name, last name;
• password;
• email address;
• work address;
• phone number;
• job title
• job level
• job role
• department
• company name
• Geolocation
• information about internet collection
• and other related business/professional information.

You are not required to provide all Personal Information identified in this Privacy Policy to use our Sites or to interact with us, but certain functionality will not be available if you do not provide certain Personal Information. For example, if you do not provide certain Personal Information, we may not be able to respond to your requests, perform a transaction with you, or provide you with marketing that we believe you would find it valuable.

Usage Information

We may also use cookies and other technologies to automatically gather information about how you use the Sites, including:

• new or returning visitor;
• time of visit;
• duration of visit;
• pages viewed;
• where you found the Sites (search, direct, social media, etc.);
• country you’re visiting from; and
• technology you’re using (browser, screen resolution, etc.).

We only use, share, and store Personal Information consistent with this Privacy Policy.

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3. How We Collect Your Personal Information

We collect Personal Information when you:

• visit our Sites;
• request information;
• fill out a form;
• participate in surveys or promotions;
• From records or copies of correspondences (including email addresses) if you contact us; 
• From search queries on our Website or Platform; and
• When you post information to be published or displayed on our Website or Platform

We also collect information in several ways by your use of the Sites. When you access the Sites, our servers log your IP address, the URL of your request and other information that is provided in the HTTP header. When you conduct searches on the Sites, we may log the search terms that you use. Also, our third-party service providers may ask you voluntarily to provide Personal Information on their websites and may share such Personal Information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider’s privacy policies and not this Privacy Policy. Fountain9 collects this information in order to provide information about our products and services that will meet the expectations of our users.

In accordance with the sub-section below, “Social Media Sites” we may also collect Personal Information from third party social media networks.

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4. Cookies

A “cookie” is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Sites by associating identification numbers with other user information you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Sites. Some third party service providers may use “flash cookies,” which are saved on your computer, but cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. To learn how to manage your flash cookie settings, visit the Flash player settings page on Adobe’s website.

We allow third party behavioral tracking and links to third-party web pages.  Occasionally, at our discretion, we may include or offer third-party products or services on our Website or Platform.  These third-party sites have separate and independent privacy policies.  We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website or Platform and welcome any feedback at about these sites. 

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5. Google Analytics

This site uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist Fountain9 in understanding how the Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Sites, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Sites, compiling reports on Sites’ activity for Fountain9’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Sites. The use of cookies by Google Analytics is covered by Google’s privacy policy.

You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.This site uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist Fountain9 in understanding how the Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Sites, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Sites, compiling reports on Sites’ activity for Fountain9’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Sites. The use of cookies by Google Analytics is covered by Google’s privacy policy.You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.

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6. How We Use Your Personal Information

Kronoscope collects and uses your Personal Information for the following purposes:

• to personalize user experience;
• we may use information in the aggregate to understand how users as a group use the services and resources provided on our Sites;
• to improve our Sites;
• to improve customer service;
• to more effectively respond to your customer service requests and support needs;
• to share your information with third parties;
• Anonymize data and aggregate data for statistics;
• Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection; 
• to administer a content, promotion, survey or other Site feature;
• to send you information you have agreed to receive about topics we think will be of interest to you;
• if you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may contact us via our Sites;
• Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in further sections, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) send additional information related to your product and/or service; and (iii) market to our mailing list or continue to send email to you after the original transaction has occurred. 

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7. How We Share Your Personal Information

We use your personal information to provide the Sites to send communications to you about new services, features, or enhancements that may be of interest to you and to handle your customer service questions or issues. We will also share the personal information we collect from you under the following circumstances:

• Protection of rights: We will share personal information if we have a good faith belief that i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms and Conditions or any other agreement, understanding or arrangement between you and the Sits, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Site, or (iv) such action is appropriate to protect the rights, property or safety of the Company, its employees, users of the Sites or others.

• Asset transfers: If we become involved in a merger, acquisition or other transaction involving the sale of some or all of the Company’s assets, user information, including personal information collected from you through your use of the Site, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Apps and/or Site.
• Service Providers: We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, and/or store data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Fountain9 also may disclose your Personal Information:

• to third parties for marketing or any other legally permissible purpose at our sole discretion (if you are a user from the European Union, we will ask for your consent before doing this);
• to our subsidiaries and affiliates with assurances they will treat your Personal Information consistent with this Privacy Policy;
• to a third party or parties, with your consent and where disclosure is required or permitted by law; and
• if, in the reasonable judgment of Fountain9, it is necessary to enforce compliance with our internal policies or to protect our Sites, customers, or others.

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8. Third party websites

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. Notably, we use SendGrid to facilitate our email communications. You can view SendGrid’s Privacy Policies here: https://sendgrid.com/policies/privacy/.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our Sites or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Sites’ terms.‍

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9. Data Security Measures

1. Security Measures.  We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.  The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website or Platform. 

2. Fair Information Practice Principles.  In the event of a personal data breach, we will notify you within fifteen (15) days via (i) email and/or (ii) our Platform notification system on our Website.  We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

10. Social Media Sites

We work with third parties, including social network sites like Twitter, Facebook and LinkedIn. We provide access to our Sites by third parties and business partners so we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network.

The use of any features made available to you on our Sites by a third party may result in information being collected or shared about you by us or by the third party. Information collected or shared through any such third party features is considered public information by us because the Social Media Sites made it publicly available. If you do not want us to be able to access information about you from Social Media Sites, you must instruct Social Media Sites not to share the information. Fountain9 is not responsible for how these third parties may use information collected from or about you, so be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Social Media Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information. However, we do identify any areas on our Sites where third parties share information about you.

We use features on Social Media Sites that allow you to express positive opinions about our products or services. Those Social Media Sites may collect or register your views about our products and make those views available to Fountain9 and on public portions of the Social Media Sites. If you do not wish any of this to happen, you should not express your views about our products on Social Media Sites, you should not buy our products through Social Media Sites, and you should review your privacy settings on such Social Media Sites. We are not obligated to display your name or other identifying information, account name, profile photo or other information or content on our Sites even if you express an opinion about one of our products or have consented to our use of such information or content. We reserve the right to remove the information of any person for any reason. We may also remove from our Sites, in our sole discretion, any product offering or any photo or product description relating thereto. If you would like us to delete the data we have collected about you that we have received through any social media provider or Social Media Site, please contact us. However, if your information is deleted you may not have access to certain promotions, product information or opportunities as a result.

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11. How We Protect Your Information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored on our Sites.

Sensitive and private data exchange between the Sites and their users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

The personal information that you provide to us is stored on servers, which are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Sites and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

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12. Children’s Information

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website and Platform are not meant for use by children under the age of 13. Our Website and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@fountain9.com.

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR PLATFORM.

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13. California Residents’ Privacy Rights

California Consumer Privacy Act

The California Consumer Privacy Act of 2018 (the “CCPA”) is a California law that gives California residents (“consumers”), the right to learn about and control certain aspects of how a business handles the personal information that a business collects about them. Pursuant to the CCPA, effective January 1, 2020, consumers whose personal information have been collected by us, have certain rights, including:

• The right to know the categories of personal information we’ve collected and the categories of sources from which we got the information;
• The right to know the business purposes for sharing personal information;
• The right to know the categories of third parties with whom we’ve shared personal information;
• The right to access the specific pieces of personal information we’ve collected; and
• The right to delete your information.
• California residents also have the right to not be discriminated against if they choose to exercise their privacy rights.

To learn more about these rights, your personal information under the CCPA, please visit our California Privacy Rights homepage. You can also email us at privacy@fountain9.com.

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Shine the Light

Additionally, if you are a California resident, you have the right to request information from us regarding the manner in which Fountain9 shares certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:

• The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
• the names and addresses of the third parties that received the information; and
• if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

This information may be provided in a standardized format that is not specific to you. The designated email address for these requests is: privacy@Fountain9.com.

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Do Not Track

Also, please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.

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14. European Users’ Privacy Rights

We are headquartered in the US. Most of the operations are located in the US and India. Your Personal Information, which you give to us during  registration or use of our Website or Platform, may be accessed by or transferred to us in the United States.  If you are visiting our Web site or registering for our Services from outside the United States, be aware that your Personal Information may be transferred to, stored, and processed in the United States. Our servers or our third-party hosting services partners are located in the United States.  By using our site, you consent to any transfer of your Personal Information out of Europe, UK, or Switzerland for processing in the US or other countries.

• If you are a resident of or a visitor to Europe, you have certain rights with respect to the processing of your Personal Data, as defined in the General Data Protection Regulation (“GDPR”).
• Please note that in some circumstances, we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request.
• In such situations, however, we will still respond to let you know of our decision.
• As used herein, “Personal Data” means any information that identifies you as an individual, such as name, address, email address, IP address, phone number, business address, business title, business email address, company, etc.
  

1. EU Standard Contractual Clauses.  On June 4, 2021, the EU promulgated a new set of SCCs (the “New SCCs”), which replaced the old SCCs which had been in place for over a decade. We now comply with the New SCCs with respect to the transfer of Personal Data from the EU to the US and other countries for Processing, as defined in the GDPR. If there is any conflict between the terms and conditions in this Privacy Policy and your rights under the New SCCs, the terms and conditions in the new SCCs will govern.

2. The New SCCs.

• The New SCCs took effect on June 27, 2021.
• The Old SCCs may still be used for new data transfers in new contracts during a three-month transition period that ends on September 27, 2021.
• Existing data transfers contracts that rely on the Old SCCs can be used until December 27, 2022, by which time all data transfers relying on the Old SCCs must be transitioned to the New SCCs.
• As of now, we and our customers are using the New SCCs to transport Personal Data from the EU to other countries including the US for processing by us.
• You are the Controller, as defined in the GDPR, and the Exporter, as defined in the New SCCs, of the Personal Data and we are a processor, as defined in the GDPR, and the Importer of such Personal Data. 
• You agree to comply with the GDPR rules that apply to Controllers and the New SCCs rules that apply to Data Exporters. We agree to comply with the GDPR rules that apply to Processors and the New SCCs rules that apply to Data Importers. 
  

3. Our GDPR Compliance Commitment. 
   

• We agree to fully comply with the letter and the spirit of the GDPR and the New SCCs with respect to the transfer or your Personal Data for Processing outside the EU. 
• As a Data Importer, a User may contact us as set forth in Subsection 9(d) below with respect to the Personal Data we store and process on you. 
• We hereby notify you that we will be processing, as defined in the GDPR, the Personal Data of your Authorized Users (i.e., those individuals whom you have authorized to access our Platform and to use our Services) in the US, Canada, and Turkey for us to be able to provide the Services to you that we have agreed to do in our definitive service agreement between you and us. 
• Upon request, we will provide you with a list of your Personal Data that we will process and a copy of the New SCCs under which we will transport your Personal Data for processing. 
• We hereby warrant that, at the time of agreeing to the SCCs for the transport of your Personal Data, we have no reason to believe that the laws and practices applicable to us as a data processor and a data importer, including those of the US, Canada, and Turkey are not in line with the requirements of the New SCCs. 
• If we cannot satisfy any request or dispute to your satisfaction, we will agree to arbitrate or litigate the dispute in the EU jurisdiction in which your reside. 
• We will only transfer your Personal Data to a third country in accordance with documented instructions from you.
• Your Personal Data will be transferred and stored in an encryption format. 
• Only our employees, who have a need to access your Personal Data to enable us to meet our contractual and legal obligations to you, will be given access to your Personal Data.
• Such employees will be given a User Name and Password to access your Personal Data. 
• We will keep an automated record of all persons who have accessed your Personal Data.  

4.  Rights of Data Subjects. To make any of the following requests, with respect to this Privacy Policy, our Terms or Use, and/or Personal Data, please contact us via email at privacy@fountain9.com
   

• Access: You can request more information about the Personal Information we hold about you. You can also request a copy of the Personal Information.
• Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
• Objection: You can contact us to let us know that you object to the collection or use of your Personal Information for certain purposes.
• Erasure: You can request that we erase some or all of your Personal Information from our systems.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Information.
• Portability: You have the right to ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
• Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, it may limit your ability to use some/ all of our Services or Platform and you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services and Platform.
• Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU Member State. Please go to https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm to locate your Data Protection Authority in the EU. You may contact the UK’s Information Commissioner at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.

We will respond to your inquiry within thirty (30) days of the receipt.

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15. Data Retention

If you are a Fountain9 customer, we will retain your Personal Information as long as we are providing the services to you. We retain Personal Information after we cease providing services to you, even if you close your Stripe account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

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16. Automated Decision-Making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

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17. CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations.  Per the CAN-SPAM Act, we will:

1. not use false or misleading subjects or email addresses; 
2. identify the email message as an advertisement in some reasonable way; 
3. monitor third-party email marketing services for compliance, if one is used;
4. honor opt-out/unsubscribe requests quickly; and
5. give an “opt-out” or “unsubscribe” option.    

If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@fountain9.com and we will promptly remove you from all future marketing correspondences.

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18. Changes to this Privacy Policy

You acknowledge that this Privacy Policy is part of the Terms and Conditions for your use of the Sites, and you agree that using the Sites signifies your assent to Fountain9’s Privacy Policy. Fountain9 reserves the right to change this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. As we may make changes from time to time without notifying you, we suggest that you periodically consult this Policy. Your continued use of the Sites after the effective date of any modification to the Policy will be deemed to be your agreement to the changed terms.

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19. Contact Us

If you have any questions about your privacy or security on our Sites, please contact us using the following information:

https://www.fountain9.com

Fountain9, Inc.

2261 Market St, 4587,

San Francisco,

California 94114, US

privacy@fountain9.com

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