TERMS AND CONDITIONS

1. SERVICES AND LICENSE GRANT

1.1 These AI Platform Terms and Conditions (“AI Platform Terms”) and the applicable makepath.ai AI Platform Order Form constitute the “Agreement” between Customer (as defined in the Order Form) and makepath, LLC (“makepath”). Subject to and conditioned on Customer’s compliance with the terms and conditions of this Agreement, makepath hereby grants Customer a non-exclusive, non-transferable license to access and use the Services (as defined in the Order Form) during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to Customer’s internal use. If, and only if, makepath incorporates any AI Platform Arising IP (as defined in Section 4.5) into the Services during the Term, then such incorporated AI Platform Arising IP is deemed included in all references to the Services and will be subject to these AI Platform Terms for so long as such AI Platform Arising IP remains so incorporated into the Services.

1.2 The total number of Authorized Users will not exceed the number set forth in the Order Form unless such increase is requested by Customer. "Authorized User" means Customer's employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. Customer may request additional Authorized User licenses via email to makepath. If approved, Customer shall be billed the following billing cycle for such additional licenses.

1.3 makepath reserves the right, in its sole discretion, to make any changes to the Services that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of makepath’s services to its customers; (ii) the competitive strength of or market for makepath’s services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable law; provided, however, any changes shall not materially diminish the features or functionality of the Services.

1.4 makepath may, directly or indirectly, suspend, terminate, or otherwise deny Customer’s or any other person’s access to or use of all or any part of the Services, without incurring any resulting obligation or liability, if: (a) makepath receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires makepath to do so; or (b) makepath believes, in its good faith and reasonable discretion, that: (i) Customer has failed to comply with any material term of this Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement; (ii) Customer has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities; or (iii) this Agreement expires or is terminated. This Section 1.4 does not limit any of makepath’s other rights or remedies, whether at law, in equity, or under this Agreement.

1.5 The Services are enhanced frequently. Updating service, including all software improvements, content updates will be provided to Customer at no additional cost during the Term.

1.6 Customer’s use of the Services are governed by this Agreement as well as the makepath website terms of service, which may be updated from time to time by makepath without notice to Customer. The website terms of service are incorporated into this Agreement by this reference and made a part hereof. In the event of any inconsistency or conflict between the website terms of service and this Agreement, first the terms of this Agreement shall prevail, followed by the website terms of service.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services; copy, modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by makepath or authorized within the Services); rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services to any person, including on or in connection with the internet or any time- sharing, service bureau, software as a service, cloud, or other technology or service or otherwise provide the Services for the benefit of a third party; access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law; access or use the Services for purposes of competitive analysis of the Services, the development, provision, or use of a competing software service or product or any other purpose that is to makepath’s detriment or commercial disadvantage; remove any proprietary notices or labels; or otherwise access or use the Services beyond the scope of the authorization granted under this Agreement.

2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with all applicable laws and regulations. Although makepath has no obligation to monitor Customer’s use of the Services, makepath may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

2.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.

2.4 Customer shall at all times during the Term: set up, maintain, and operate in good repair all Customer Systems (as defined below) on or through which the Services are accessed or used; and (b) provide all cooperation and assistance as makepath may reasonably request to enable makepath to exercise its rights and perform its obligations under and in connection with this Agreement.

2.5 makepath is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement.

2.6 If Customer becomes aware of any actual or threatened activity prohibited by Section 2.2, Customer shall immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects; and (b) notify makepath of any such actual or threatened activity.

3. SECURITY

3.1 makepath employs security measures in accordance with applicable industry practice and standards, applicable laws, rules, and regulations.

3.2 Customer has and will retain sole responsibility for: (a) all Customer Data (as defined below), including its content and use; (b) all information, instructions, and materials provided by or on behalf of Customer in connection with the Services; (c) Customer’s information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third-party services (”Customer Systems”); (d) the security and use of Customer’s access credentials; and (e) all access to and use of the Services directly or indirectly by or through the Customer Systems access credentials, with or without Customer’s knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.

3.3 Customer shall employ all commercially reasonable physical, administrative, and technical controls, screening, and security procedures and other safeguards designed to: (a) securely administer the distribution and use of all access credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use of Customer Data, including the uploading or other provision of Customer Data for processing by the Services.

4. CONFIDENTIALITY; PROPRIETARY RIGHTS

4.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical, pricing information, compensation information, know-how, compilations, processes, data protection, or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of makepath includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to makepath to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use or divulge (except in performance of the Services or as otherwise permitted herein) to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law.

4.2 Customer shall own all right, title and interest in and to the Customer Data. Customer hereby permits makepath such limited rights and permissions in or relating to Customer Data as are necessary for makepath to enforce this Agreement and exercise makepath’s rights and perform its obligations hereunder.

4.3 makepath, or its third-party licensors, shall own and retain all right, title and interest in and to (a) the Services and software, all improvements, enhancements or modifications thereto, and (b) all intellectual property rights related to any of the foregoing. Nothing in this Agreement grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to the Services whether expressly, by implication, estoppel, or otherwise.

4.4 Notwithstanding anything to the contrary, makepath, and its Subcontractors, shall have the right collect and analyze data and other information relating to and solely for the purpose of the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom such as usage reports, user statistics, and other inputs into makepath’s artificial intelligence functionalities (“Resultant Data”)), and makepath will be free (during and after the term hereof) to (i) use Resultant Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other makepath offerings, and (ii) disclose Resultant Data solely in aggregate or other de- identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

4.5 “AI Platform Arising IP” means all technology that: (i) is or has been generated, developed, fixed in a tangible medium, conceived or reduced to practice by or on behalf of either party before, on or after the date this Agreement takes effect; and (ii) arises from or in connection with any execution, operation or use of the makepath.ai platform (including the AI Platform processing, storing, organizing, arranging, selecting, aggregating, adapting or otherwise using or exploiting any data (including Licensee Data), content, information, materials or other inputs transmitted, submitted or uploaded to the AI Platform). Without limiting the foregoing and for clarity, the AI Platform Arising IP includes any updates, error corrections, bug fixes, enhancements or improvements to the AI Platform developed by or on behalf of Company.

5. PAYMENT OF FEES

5.1 Subject to exceptions under this Section 5 or any Free Trial Periods under Section 6.1, Customer will pay makepath the then applicable fees described in the Order Form for the Services in accordance with the terms therein (the “Fees”). makepath reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that makepath has billed Customer incorrectly, Customer must contact makepath no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. All charges are fully earned upon payment and there are no refunds or credits for partially used monthly or annual subscriptions, as applicable. Customer must cancel the applicable subscription before automatic renewal in order to avoid account charges for the next applicable billing cycle

5.2 makepath shall bill through an invoice, in which case, full payment for invoices issued in any given month must be received by makepath prior to the following month’s services being rendered. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on makepath’s net income.

5.3 All amounts due under this Agreement shall be paid by credit card or other payment method agreed to by makepath. Customer hereby authorizes us to charge the payment method for: (i) Fees and applicable Taxes for each billing period during the Term on the same date on which Customer registered to use the Services; and (ii) any applicable setup Fees and applicable Taxes on the Effective Date of this Agreement (collectively, the “Payment Date”). Customer further authorize us to use a third party to process such payments, and hereby consent to the disclosure of Customer’s billing information to such third party. Customer shall promptly provide makepath with updated credit card information in the event that Customer’s credit card on file is no longer valid. If the credit card information on file with makepath is not valid at any time during the Term, or if Customer’s credit card cannot be processed on any Payment Date, (i) Customer hereby authorizes makepath to continue to attempt to charge the amounts due until such amounts are paid in full; and (ii) makepath reserves the right to immediately terminate this Agreement, or suspend Customer’s access to the Services. If at any time Customer’s access to the Services is suspended or disabled (as applicable) for non-payment, makepath may charge a reactivation fee to reinstate them. makepath reserves the right to stop accepting credit card payments from one or more issuers upon written notice to Customer.

6. TERM AND TERMINATION

6.1 makepath may, at its sole discretion, at the beginning of or during a Term (as defined below), authorize free trial periods to particular functions of the Services or entire licenses (each a “Free Trial Period”). Once a Free Trial Period of a particular function ends, and upon prior written notice to Customer, which may be by email, makepath will begin billing Customer’s payment method for periodic subscription fees (plus any applicable taxes), unless Customer cancels prior to the end of the Free Trial Period.

6.2 Subject to earlier termination as provided below, this Agreement begins as of the Effective Date and continues for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (each, a “Renewal Term;” any Free Trial Period, the Initial Term, and any Renewal Term shall collectively be referred to as the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current Term. makepath reserves the right to discontinue any particular service, feature, or function (i) prior to the start of an Initial Term, or (ii) before any Renewal Term upon thirty (30) days’ notice to Customer.

6.3 makepath may suspend Customer’s access to the Services and disable Customer’s presence on the Services if any payment is past due and such failure to pay will be considered a material breach of this Agreement.

6.4 In addition to any other remedies it may have, either party may also terminate this Agreement upon (i) written notice, if the other party materially breaches any of the terms or conditions of this Agreement and such breach (A) is incapable of cure; or (B) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching Party with written notice of such breach, or (ii) effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

6.5 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, intellectual property, confidentiality obligations, warranty disclaimers, limitations of liability, survival, effect of termination, and the Miscellaneous provisions under Section 12.

6.6 Upon termination of this Agreement all rights granted hereunder to Customer will immediately cease, and Customer will immediately cease all access and use of the Services. Customer will pay in full for the Services provided up to and including the last day on which the Services are provided.

7. WARRANTY AND DISCLAIMER

7.1 Each party represents and warrants to the other party that (i) it is duly organized, validly existing, and in good standing as a corporation or other entity under the Laws of the jurisdiction of its incorporation or other organization; (ii) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (iii) the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate or organizational action of such party; and (iv) when executed and delivered by both parties, this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.

7.2 makepath shall use reasonable efforts consistent with prevailing industry standards to maintain and perform the Services in a manner which minimizes errors and interruptions in the Services and in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by makepath or by third-party providers, or because of other causes beyond makepath’s reasonable control, but makepath shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, MAKEPATH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND MAKEPATH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.3 Customer represents, warrants, and covenants to makepath that Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by makepath and used in accordance with this Agreement, they do not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or violate any applicable law.

8. INDEMNITY

8.1 makepath shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided makepath is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; makepath will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by makepath, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by makepath, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by makepath to be infringing, makepath may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

8.2 Customer shall indemnify, defend, and hold harmless makepath and its officers, directors, employees, agents, successors, and assigns (each, a “makepath Indemnitee”) from and against any and all losses incurred by such makepath Indemnitee resulting from any action by a third party that arise out of or result from, or are alleged to arise out of or result from: (i) Customer Data, including any processing of Customer Data by or on behalf of makepath in accordance with this Agreement; (ii) any other materials or information provided by or on behalf of Customer, including makepath’s compliance with any specifications or directions provided by or on behalf of Customer to the extent prepared without any contribution by makepath; or (iii) allegation of facts that, if true, would constitute Customer’s breach of any of its representations, warranties, covenants, or obligations under this Agreement.

8.3 Each party shall promptly notify the other party in writing of any action for which such party believes it is entitled to be indemnified pursuant to Section 8.1 or 8.2, as the case may be. The party seeking indemnification (the “Indemnitee”) shall cooperate with the other party (the “Indemnitor”) at the Indemnitor’s sole cost and expense. Indemnitor shall promptly assume control of the defense and shall employ counsel of its choice to handle and defend the same, at Indemnitor’s sole cost and expense. Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. Indemnitor shall not settle any Action on any terms or in any manner that adversely affects the rights of any Indemnitee without Indemnitee’s prior written consent, which shall not be unreasonably withheld or delayed. If Indemnitor fails or refuses to assume control of the defense of such Action, Indemnitee shall have the right, but no obligation, to defend against such Action, including settling such action after giving notice to Indemnitor, in each case in such manner and on such terms as Indemnitee may deem appropriate. Indemnitee’s failure to perform any obligations under this Section 8.3 will not relieve Indemnitor of its obligations under this Section 8, except to the extent that Indemnitor can demonstrate that it has been materially prejudiced as a result of such failure.

9. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, MAKEPATH AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND MAKEPATH’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO MAKEPATH FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO T HE LIABILITY, IN EACH CASE, WHETHER OR NOT MAKEPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. PUBLICITY

Each party hereby grants to the other party a limited, revocable license to use the party’s name and related indicia in the other party’s lists of current customers or vendors in promotional and marketing materials. In addition, Customer authorizes makepath to provide its name and contact information to other makepath customers as part of any referral network offered by makepath as a customer resource. This provision shall survive termination or expiration of this Agreement.

11. MISCELLANEOUS

11.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

11.2 This Agreement is not assignable, transferable or sublicensable by Customer except with makepath’s prior written consent. makepath may transfer and assign any of its rights and obligations under this Agreement without consent.

11.3 This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

11.4 No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind makepath in any respect whatsoever.

11.5 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

11.6 All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

11.7 This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions.

11.8 ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN DALLAS, TEXAS IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES APPLYING TEXAS LAW, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THERE.

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)
    • 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
    • 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 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.

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.

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, 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; we do not seek users from outside this location 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.