1. Services Description

The Company offers the Services at its website www.eFax.com (together with other websites owned and operated by the Company, the “eFax Website”). Individually, the Services are:

• eFax Pro^™ -Designed for higher volume Internet fax use and includes but is not limited to: (i) a personal geographical or toll-free telephone number (an “eFax Number”) that provides for the delivery of faxes to email, the eFax^® Website or software applications provided by the Company; and (ii) outbound faxing from email, the eFax Website or software applications provided by the Company.
• eFax Plus^® -Includes but is not limited to: (i) an eFax Number that provides for the delivery of faxes to email, the eFax^® Website or software applications provided by the Company in volumes greater than the eFax Free service described below; and (ii) outbound faxing from email, the eFax Website or software applications provided by the Company.
• eFax Protect – An email notification is sent upon receipt of a fax, which contains a secure link to access the fax from a secure 128 SSL bit encrypted storage Inbox dedicated for that telephone number. Includes but is not limited to: (i) an eFax Number that provides for the delivery of faxes to the eFax^® Website or software applications provided by the Company and (ii) outbound faxing from email, the eFax Website or software applications provided by the Company.
• eFax Free^® -Includes but is not limited to a geographic, remote eFax Number that provides for the delivery of a limited number of faxes to email, the eFax^® Website or software applications provided by the Company.
• Various other services and features included in the eFax Pro^™, eFax Plus^®, eFax Free^®, and eFax Protect services as described further in this Agreement.

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2. eFax Service Usage Terms

(a) Usage terms for the various tiers of eFax service are as follows:

(1) eFax Pro:

If you registered for the eFax Pro service on or after May 31, 2011:

Unless you registered for a different plan on the eFax website, through an application, or with a Sales Representative, you may receive up to 200 fax pages (inbound) and may send up to 200 fax pages (outbound) within any thirty (30) day period, regardless of whether you are issued a local or a toll-free eFax Number. Faxes received in excess of the inbound 200-page limit are charged at $0.10 (or the local currency equivalent) per page, and faxes sent in excess of the outbound 200-page limit are charged at the applicable per-page rate listed at https://ww2.efax.com/fax-send-rate. See paragraph (b) below for the definition of a fax page.

If you registered for the eFax Pro service prior to May 31, 2011:

If you were issued a local (non-toll free) eFax Number, you may receive up to 200 fax pages (inbound) within any thirty (30) day period. Faxes received in excess of the inbound 200-page limit are charged at $0.10 (or the local currency equivalent) per page. Faxes sent (outbound) are charged at the applicable per-page rate listed at the eFax Website starting with the first page sent. See paragraph (b) below for the definition of a fax page.

If you were issued a toll-free eFax Number, you will be charged $0.20 (or the local currency equivalent) per page received (inbound) starting with the first page received and will be charged the greater of $0.20 or the applicable per-page rate listed at the eFax Website for each page sent (outbound) starting with the first page sent. See paragraph (b) below for the definition of a fax page.

(2) eFax Plus:

If you registered for the eFax Plus service on or after May 31, 2011:

Unless you registered for a different plan on the eFax website, through an application, or with a Sales Representative, you may receive up to 150 fax pages (inbound) and may send up to 150 fax pages (outbound) within any thirty (30) day period, regardless of whether you are issued a local or a toll-free eFax Number. Faxes received in excess of the inbound 150-page limit are charged at $0.10 (or the local currency equivalent) per page, and faxes sent in excess of the outbound 150-page limit are charged at the applicable per-page rate listed at the eFax Website. See paragraph (b) below for the definition of a fax page.

If you registered for the eFax Plus service prior to May 31, 2011:

If you were issued a local (non-toll-free) eFax Number, you may receive up to 130 fax pages (inbound) and may send up to 30 fax pages (outbound) within any thirty (30) day period. Faxes received in excess of the inbound 130-page limit are charged at $0.15 (or the local currency equivalent) per page, and faxes sent in excess of the outbound 30-page limit are charged at the applicable per page rate listed at the eFax Website. See paragraph (b) below for the definition of a fax page.

If you were issued a toll-free eFax Number, you will be charged $0.20 (or the local currency equivalent) per page received (inbound) starting with the first page received and will be charged the greater of $0.20 or the applicable per page rate listed at the eFax Website for each page sent (outbound), starting with the first page sent. See paragraph (b) below for the definition of a fax page.

(b) Definition of Fax Page and Associated Terms:

Fax Duration Calculation

Most fax pages take less than sixty (60) seconds to transmit. However, for each transmission, the number of pages sent or received is calculated based on the greater of the actual number of pages or the number of full and partial 60-second increments of transmission or connection time, whether or not the transmission occurs or is completed (such as instances when someone answers the call or transmission is interrupted before completion). For example, a one-page fax with a transmission duration of 30 seconds is recognized as one page; and a one-page fax with a transmission duration of one minute and six seconds is recognized as two pages.

Outbound Page Calculations – Use Gift Pages or Service Credit

The number of outbound fax pages referenced in paragraph (a) of this Section 2, as included in the tiers of eFax service, is administered by applying a monthly outbound usage credit to your account and assumes that each outbound page is sent to a destination with an applicable per page rate of $0.10 (or the local currency equivalent). Therefore, your number of included outbound fax pages for a given thirty (30) day period may be less than the number specified for your tier of eFax service referenced in paragraph (a) of this Section 2 if you send to destinations with applicable per-page usage rates in excess of $0.10 per fax page. For example, if your service tier includes 150 outbound fax pages per thirty (30) day period, then an outbound service credit of $15.00 (or the local currency equivalent) will be applied to your account. If you send a five-page fax to a destination with an applicable per-page usage rate of $0.10, then your usage credit will decrease by $0.50 to $14.50. If you then send a five-page fax to a destination with an applicable per-page usage rate of $0.20, then your usage credit will decrease by an additional $1.00 to $13.50.

Unused inbound or outbound Services credits are valid in the month issued and expire at the conclusion of each applicable thirty (30) day period. Inbound or outbound Services credits have no cash value. Such credits do not roll over to the next thirty (30) day period, and you will receive no cash refund in the event any unused inbound or outbound Services credits remain in your account upon termination or closure of your account.

(3) a. eFax Protect:

Unless you registered for a different plan on the eFax website, through an application, or with a Sales Representative, you may receive up to 200 fax pages (inbound) and may send up to 100 fax pages (outbound) within any thirty (30) day period, regardless of whether you are issued a local or a toll-free eFax Number. Faxes received in excess of the inbound 200-page limit are charged at $0.16 (or the local currency equivalent) per page, and faxes sent in excess of the outbound 100-page limit are charged at $0.16 (or the local currency equivalent) per page. See paragraph (b) below for the definition of a fax page.

For inbound faxes, eFax Protect allows customers to access their faxes using one or more of the following options:

• MyPortal Message Center
• eFax Messenger Desktop Application
• Mobile App

For outbound faxes, only the following mechanisms provide encrypted transmission when sending a fax thru eFax Protect

• MyPortal web application
• eFax Messenger Desktop Application
• Mobile App

The above Inbound and Outbound options require user or application level authentication. Customers may also download faxes from above services, however once the fax is downloaded, it is outside the scope of the eFax Protect product.

If subscribed to the eFax Protect plan, downloaded faxes will be in searchable PDF format. Searchable PDFs will have the ability to have their text content searched. Searchable PDFs are only available on the eFax Protect plan.

If you were issued a toll-free eFax Number, you will be charged $0.16 (or the local currency equivalent) per page received (inbound) starting with the first page received and will be charged the greater of $0.16 or the applicable per page rate listed at the eFax Website for each page sent (outbound), starting with the first page sent. See paragraph (b) below for the definition of a fax page.

(b) Definition of Fax Page and Associated Terms:

Fax Duration Calculation

Most fax pages take less than sixty (60) seconds to transmit. However, for each transmission, the number of pages sent or received is calculated based on the greater of the actual number of pages or the number of full and partial 60-second increments of transmission or connection time, whether or not the transmission occurs or is completed (such as instances when someone answers the call or transmission is interrupted before completion). For example, a one-page fax with a transmission duration of 30 seconds is recognized as one page; and a one-page fax with a transmission duration of one minute and six seconds is recognized as two pages.

Outbound Page Calculations – Use Gift Pages or Service Credit

The number of outbound fax pages referenced in paragraph (a) of this Section 2, as included in the tiers of eFax service, is administered by applying a monthly outbound usage credit to your account and assumes that each outbound page is sent to a destination with an applicable per page rate of $0.16 (or the local currency equivalent). Therefore, your number of included outbound fax pages for a given thirty (30) day period may be less than the number specified for your tier of eFax service referenced in paragraph (a) of this Section 2 if you send to destinations with applicable per-page usage rates in excess of $0.16 per fax page. For example, if your service tier includes 150 outbound fax pages per thirty (30) day period, then an outbound service credit of $15.00 (or the local currency equivalent) will be applied to your account. If you send a five-page fax to a destination with an applicable per-page usage rate of $0.16, then your usage credit will decrease by $0.50 to $14.50. If you then send a five-page fax to a destination with an applicable per-page usage rate of $0.20, then your usage credit will decrease by an additional $1.00 to $13.50.

Unused inbound or outbound Services credits are valid in the month issued and expire at the conclusion of each applicable thirty (30) day period. Inbound or outbound Services credits have no cash value. Such credits do not roll over to the next thirty (30) day period, and you will receive no cash refund in the event any unused inbound or outbound Services credits remain in your account upon termination or closure of your account.

(3) b. eFax Free Service-Usage Terms

If you registered for the eFax Free service via version 4.1 or higher of the eFax mobile phone fax app, you may send up to ten (10) fax pages (outbound) for a period of thirty (30) days from the date of your registration (the “eFax Free Send Period”). You may not send faxes using the eFax Free service beyond the eFax Free Send Period.

You may receive up to 10 fax pages (inbound) within any thirty (30) day period. Your eFax Number is not local to your location and is selected by the Company in its discretion. You will not be able to select or change your eFax Number unless you upgrade to an eFax Pro, eFax Protect, or eFax Plus account.

The Company provides the eFax Free service as an accommodation to you and reserves the right to terminate your eFax Free service at any time without notice.

In the event you receive more than ten (10) fax pages in any thirty (30) day period, or send more than ten (10) fax pages during the eFax Free Send Period, the Company, in its sole discretion, may offer to upgrade you to an eFax Pro or eFax Plus account or may terminate or suspend your eFax Free account with or without notice. Any failure by the Company to enforce the eFax Free fax page limits will not preclude the Company from later enforcing such limits, whether for past or current activity.

Unused inbound Services credits are valid in the month issued and expire at the conclusion of each applicable thirty (30) day period. Inbound Services credits have no cash value. Such credits do not roll over to the next thirty (30) day period, and you will receive no cash refund in the event any unused inbound Services credits remain in your eFax Free account upon termination or closure of your eFax Free account. The eFax Free fax page limitations may not be applicable with respect to eFax Numbers located in the following countries with the following prefixes, and any other eFax Numbers, as determined by the Company in its discretion:

1. Austria: (0) 820
2. Belgium: (0) 70
3. France: (0) 820, (0) 821, (0) 825 or (0) 0826
4. Germany: (0) 1805
5. Ireland: (0) 818
6. Italy: (0) 199
7. Netherlands: (0) 84
8. United Kingdom: (0) 70

Each customer, whether an individual or company, is limited to a single eFax Free account. If you or your company desire more than one eFax Number, then you must, and you agree to, upgrade to an eFax Pro, eFax Protect, eFax Plus account.

Notwithstanding our Privacy Policy, the Company has the right to disclose your email address to the owner of the website domain associated with your email address in order to monitor compliance with, and enforce, the eFax Free service limitations. In addition, the Company is permitted to audit your use of the eFax Free service and any associated software by providing no less than five (5) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours. If the Company ultimately determines, in its sole discretion and whether or not it has conducted an audit, that you have violated the foregoing limitations on the eFax Free service or any associated software, the Company reserves the right to immediately terminate or suspend your Services. You agree to pay the Company the amount you would have been required to pay for eFax Plus during the period of your non-compliance with the eFax Free service limits specified herein, plus the Company’s cost of conducting any audits that, in the Company’s sole discretion, reveal non-compliance.

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3. Fax Storage

While your account is active, fax messages received via your eFax Number will be stored and displayed in your eFax Message Center for a limited time, not to exceed 12 months for eFax Pro or eFax Plus services. If you are subscribed to the eFax Pro or eFax Plus service, you may choose to disable this feature by adjusting your user preferences. If you are subscribed to the eFax Free service, storage is limited to thirty (30) days after the fax is received.

If you are subscribed to the eFax Protect service, while your account is active, fax messages received via your eFax Number will be stored and displayed in your eFax Message Center for a limited time not to exceed 84 months.

Regardless of your level of service, you acknowledge that the Company may cease offering this feature or change its practices and/or limitations concerning this feature at anytime, including, without limitation, changing the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time and the maximum storage space allotted on the Company’s servers on your behalf. You further agree that the Company has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the storage or deletion of any faxes.

Upon account closure, all faxes connected with your account (including those stored in the eFax Message Center) will be immediately and permanently deleted. You agree that the Company has no responsibility or liability whatsoever for the foregoing.

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4. Searchable Faxes

The Company will scan, perform optical character recognition and index the text of fax messages received via your eFax Number. The indexed text of these faxes will be searchable in your eFax Message Center for as long as the faxes are stored there. You acknowledge that the Company, at any time, may cease offering this feature, or change its practices, and/or apply limitations concerning this feature at any time. You further agree that the Company has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the searching, or indexing of, or failure to search or index, any faxes.

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5. Email Capabilities

You will receive a free www.123mail.net email account, which can be accessed online through the eFax Message Center.
If you are an eFax Pro, eFax Protect, eFax Plus customer, your email service will include greater storage than accounts issued to eFax Free subscribers and will also include spam filtering and virus scanning which is not offered to email accounts issued to eFax Free subscribers.

You acknowledge and agree that the Company has no responsibility or liability whatsoever for your use of this email feature and that the Company may discontinue or change the terms under which this email feature is provided to you at any time, including and without limitation: changes in the maximum size of emails that may be received, changes in the maximum storage space available for email storage and changes to or elimination of, spam filtering or virus scanning.

By using this feature, you acknowledge and agree: (i) to assume sole responsibility for the content of any emails transmitted; and (ii) to assume any liability arising from your transmission of, and/or any third party’s receipt of, your emails.

The Company disclaims any liability or responsibility for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to: an error in the email transmission or receipt process; deletion of or failure to store any emails; non-receipt of emails; broken or non-functional links to emails; any viruses received through this feature.

In the event that the Company, in its sole discretion, determines or suspects that any emails sent or received through this feature constitute, or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, the Company reserves the right to remove your emails and/or to deactivate links to emails without further notice to you.

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6. Large File Send

You are provided a feature that enables you to provide third parties access over the Internet to files that are too large to send by email (“Large File Send”). Large File Send is available through the eFax MyPortal Website upon login. Files can be uploaded; recipient email addresses, added; and upon submission, recipients receive an email with a link to access the transmitted files.

Features of Large File Send vary by tier of eFax service as follows:

eFax Pro, eFax Protect, and eFax Plus Subscribers: You may upload a maximum of three cumulative gigabytes per each Large File Send submission (in a single file, or a combination of multiple files). You may designate multiple recipients per submission. After submission, the system will email your recipients a link to the uploaded files. You may only access the uploaded files if you designate yourself as a recipient. Each recipient may download the transmitted file(s) a maximum of five (5) times over a period of ninety (90) days from your original submission.

You acknowledge and agree that Large File Send is provided to you as a convenience only. Furthermore, you acknowledge that links to files uploaded through Large File Send are public and non-secure, in that such links may be forwarded freely to any third party by your designated recipients, or forwarded by other third parties whom you did not designate. For that reason, the Company assumes no responsibility for the security, confidentiality or privacy of files uploaded via this feature.

By using this feature, you acknowledge and agree: (i) to assume sole responsibility for the content of any files uploaded, hosted and/or transmitted; and (ii) to assume any liability arising from your transmission of, and/or any third party’s receipt of, your uploaded files, even if you did not designate the recipient in your original Large File Send submission.

The Company further disclaims any liability or responsibility for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to: an error in the Large File Send submission process; deletion of or failure to store any uploaded files; non-receipt of requested notification emails; broken or non-functional links to files that you may have uploaded; or rejection of your files for any reason, including due to a virus in one of your files.

The Company may discontinue or change the terms under which this feature is provided to you at any time, including and without limitation: changes in the maximum number of days that uploaded files are retained, the maximum cumulative upload size of each submission, the maximum number of uploaded files stored at any one time; and/or the maximum storage space that will be allotted on the Company’s servers to store your uploaded files.

In the event that the Company, in its sole discretion, determines or suspects that any uploaded file(s) constitute(s), or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, the Company reserves the right to remove your stored file(s) and/or to deactivate links to stored file(s) without further notice to you.

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7. Privacy Policy

The Company is dedicated to establishing trusting relationships with you and all of its customers, based on respect for personal identity and information. The Company’s current Privacy Policy is available at ww2.efax.com/privacy. If the Company decides to change its privacy policy, an updated version will be posted on the eFax Website, and other places the Company deems appropriate, so that you and our other customers are always aware of what information the Company collects, how the Company uses it and under what circumstances, if any, the Company discloses it. The Company will use information in accordance with the Privacy Policy. If, however, the Company is going to use your personally identifiable information in a manner materially different from that stated at the time of collection, the Company will notify you via email. You will have a choice as to whether or not the Company uses your information in this materially different manner. However, if you have opted out of all communication with the Company, or deleted/deactivated your account, then you will not be contacted for the purpose of notifying you of material changes to the Privacy Policy. In addition, if the Company makes any material changes to its privacy practices that do not affect your information already stored in the Company’s databases, the Company will post a prominent notice on the eFax Website notifying you and its other customers of the change. In some cases where the Company posts a notice of changes to its Privacy Policy, it will also notify you via email if you have opted to receive email communications from the Company.

Business Customers Only:

If you are a business Customer of Consensus Ireland and you are located in the European Union, and the Services involve the processing of personal data which is subject to the General Data Protection Legislation (EU) 2016/679, the “GDPR”), Consensus Ireland is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.

You retain control over the content of the faxes, and as such the types of personal data that are subject to processing cannot be categorised by Consensus Ireland in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customer’s, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.

Customer may notify Consensus Ireland of the categories of data subjects or types of personal data to be incorporated into these terms by using the contact details set out in the privacy policy.

As processor, Consensus Ireland shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:

(a) process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these. If at any point, Consensus Ireland becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), Consensus Ireland shall promptly:

(i) notify you of such inability, to the extent permitted by applicable law; and

(ii) cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which Consensus Ireland is able to comply.

(b) ensure personal data are kept confidential; (ii) take reasonable steps to ensure the reliability and trustworthiness of Consensus Ireland’s personnel and any subprocessors, and (iii) take reasonable steps to ensure that all relevant Consensus Ireland personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;

(c) ensure that, in each instance in which Consensus Ireland engages a subprocessor, it shall notify you and : (i) allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and (ii) enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply toConsensus Ireland under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorise Consensus Ireland to engage sub-processors in relation to the Services.

(d) at your request and sole expense, promptly provide you with all reasonable technical and organisational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;

(e) at your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to: (i) notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals; (ii) conduct data protection impact assessments, where required; and (iii) obtain any necessary authorisations from any relevant regulatory authorities;

(f) delete (or, upon your request at or prior to termination, return) any personal data processed in the performance of the Services in Consensus Ireland’s possession within 180 days after the termination or expiry of this Agreement, other than data in relation to which Consensus Ireland is a controller (which will be processed in accordance with our privacy policy) and unless the applicable law of the European Union or an EU Member State requires otherwise;

(g) at your request and sole expense: (i) promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that Consensus Ireland is able to provide such information; and (ii) allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to Consensus Ireland and subject to reasonable confidentiality procedures. Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit Consensus Ireland more than once annually; and

(h) notify you without undue delay in the event of: (i) becoming aware of any personal data breach; or (ii) receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and

apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.

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8. Customer Responsibilities

You are fully responsible for the contents of your transmissions through the Services. The Company simply acts as a passive conduit for you to send and receive information of your own choosing. However, the Company reserves the right to take any action with respect to the Services that the Company deems necessary or appropriate in its sole discretion, if the Company believes you or your information may create liability for the Company, compromise or disrupt the Services for you or other customers, or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including, without limitation, those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to use the Services or related software to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (7) not to transmit or upload, through the Services, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or upload any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer’s use and enjoyment of the Services. You further agree not to use the Services to store (1) any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191) unless you are using the eFax Protect product, or (2) any other type of information that imposes independent obligations upon the Company.

You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) maintain the security of your PIN/password and other confidential information relating to your Services account; (c) immediately notify the Company of any unauthorized use of your account or any other breach of security known to you; and (d) be responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying the Company of such use and taking steps to prevent its further occurrence.

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9. Unsolicited Fax Advertisement/Spam Drop-Box Policy

a. Unsolicited Fax Advertisement Policy: The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act of 1991 (TCPA) (https://transition.fcc.gov/cgb/consumerfacts/unwantedfaxes.pdf) and in the European Union under the Privacy and Electronic Communications Regulations 2003, and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited and may be considered a material violation of this Agreement. The Company reserves the right to terminate the Agreement and pursue other legal remedies available to it; or any combination of these remedies. Notwithstanding the above, the Company’s distribution of advertising to its customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement.

At the Company’s option and without further notice, the Company may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited fax advertisements without delivering them.

If you believe that you are in receipt of an unsolicited fax advertisement, and if the fax contains a telephone number, fax number or other contact information to “unsubscribe” from receipt of additional junk faxes, please unsubscribe accordingly.

You hereby acknowledge and agree that the Company has any and all rights (but no obligation) to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited fax advertisements—including, but not limited to, claims under the TCPA and similar laws of any other country, state or province—and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to the Company as consideration for its provision of the Services.

Because eFax Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible service for all customers, you are not permitted to “opt in” to receive, on your eFax Number, facsimile advertisements of the commercial availability or quality of any property, goods or services from persons with whom you have not established a business relationship.

b. Spam Drop-Box Policy: The Company does not permit its customers to use eFax Numbers as “drop-boxes” for responses to email or fax spam offers. If you believe you are in receipt of email, or fax, spam that uses an eFax Number as a “drop-box” for responses, and if the email or fax contains an email address, telephone number, fax number or other contact information to “unsubscribe” from receipt of additional messages, please unsubscribe accordingly. Please contact customer service if you believe your eFax Number has been used as a “drop-box.”The Company appreciates your assistance in enforcing and complying with these policies and looks forward to continuing to make your experience a positive one.

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10. Termination

Either you or the Company may terminate your Services at any time, with or without cause, upon notice.

If you registered for the Services through the eFax Website or an eFax Sales Representative, eFax Plus, eFax Protect, and eFax Pro customers must follow the instructions provided at https://www.efax.com/how-to/cancel to terminate their account. In most cases, you can cancel easily online, or a customer service representative will assist you with canceling your account in accordance with the Company’s verification procedures; as such procedures may be changed by the Company in its sole discretion. Upon termination of your account, the Company will send you an email confirming that your account has been canceled. Your account will not be deemed canceled unless and until you receive this email. In order to cancel eFax Free service, you must either opt out of receiving promotional emails or visit https://www.efax.com/how-to/cancel to terminate your account.

If you registered for the Services using your account with Apple, you must cancel your auto-renewing subscription in your iTunes account settings. If you turn off Auto-Renewal, your subscription will close at the end of your current billing cycle. Uninstalling a software application will not cancel the subscription. If you uninstall the software application without canceling your subscription you will continue to be charged for the Services. For details please visit the Apple support website.

The Company reserves the right to terminate or suspend your Services at any time without prior notice or compensation for any reason; provided that the Company will attempt to confirm such termination or suspension by subsequent notice. The Company may automatically terminate or suspend your eFax Free account without notice.

Upon account closure, all faxes connected with your account (including those stored in the eFax Message Center) will be immediately and permanently deleted. In addition, you understand and acknowledge that in the event the account is later reactivated, your prior or preferred fax number(s) may not be available. You agree that the Company has no responsibility or liability whatsoever for the foregoing.

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11. Customer Representations

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

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12. Modifications to Customer Agreement

The Company may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the eFax Website, or (b) sending information regarding the amendment to the email address you provide to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE eFAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUED USE OF THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and the Company.

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13. Modifications to the Services

The Company reserves the right to modify or discontinue any of the Services with or without notice to you. The Company shall not be liable to you, or any third-party, should the Company exercise its right to modify or discontinue the Services.

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14. Member Account, PIN/Password and Security

Once you become a registered user, you will be issued a dedicated eFax Number and temporary login credentials. You may change your PIN/ password from the eFax Website. You are entirely responsible for maintaining the confidentiality of your PIN/ password and account information.

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15. Disclaimer of Warranties and Limitation of Liability

a. ALL OF THE COMPANY’S SOFTWARE AND THE SERVICES ARE PROVIDED “AS IS,” AND NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE COMPANY’S SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE COMPANY’S SOFTWARE OR THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND EACH OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING AND WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

b. YOUR USE OF ALL OF THE COMPANY’S SOFTWARE AND THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING THE COMPANY’S SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY OR ITS AFFILIATES, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR TRANSMITTED VIA THE LARGE FILE SEND FEATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN ADDITION, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES, WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE COMPANY’S SOFTWARE OR THE SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH AFFILIATE, LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE COMPANY’S SOFTWARE AND THE SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

c. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF THE COMPANY’S OR ANY SUCH AFFILIATE’S, LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR ANY OTHER SERVICES OF THE COMPANY OR ITS AFFILIATES.

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16. Charges

a. Pricing Plans:

You agree to pay all charges for your use of the Services in accordance with the pricing plan you were offered and agreed to upon registering for the Services. The Company reserves the right to charge value-added taxes (“VAT”), sales or other taxes on the Services as it deems appropriate and the Company reserves the right to change prices or institute new charges for access to or use of the Services, including Discounted Services.

The Company may amend your pricing plan, including any charges thereto, at any time either by (a) posting pricing plan changes on the eFax Website, or (b) sending information regarding the pricing plan changes to the email address you provided to the Company. You are responsible for regularly reviewing such pricing information. Continued use of the Services or non-termination of your account, after changes are either posted or emailed to you, constitutes your acceptance of the prices as modified.

If you have questions regarding any charges that have been applied to your account, you must contact the Company’s Customer Service Department within thirty (30) days of the charge date. Failure to do so will waive your ability to dispute such charges. Failure to use your account will not be deemed a basis for refusing to pay any charges.

b. Payment for Services:

Your activation fee, and monthly, quarterly, bi-annual or annual service fees (as applicable), are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, the Company may submit charges for your monthly service fee each month; and for quarterly, bi-annual or annual subscriptions, the Company may submit charges for your service fee quarterly, bi-annually or annually in each case, without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you add eFax Numbers to an existing Services account, your first payment for such additional eFax Numbers may be prorated to coincide with the annual/monthly anniversary of your first eFax Number. You agree that the Company may (at its option) accumulate Services fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Company may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated Services fee charges may appear on the statement you receive from your card issuer.

Your activation fee, usage charges, and monthly, quarterly, bi-annual or annual Services fees, and late fee, as applicable, must be made by the credit or debit card(s) designated by you for the Company use and transactions. If the payment method for your Services account is by credit or debit card and payment is not received by the Company from the card issuer or its agent or affiliate, you agree to pay all amounts due upon demand by the Company. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that the Company is authorized to charge your designated card(s). Your card issuer’s agreement governs your use of your designated card in connection with payment for the Services, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.

c. Viewing Your Account Balance: To view your current account balance, along with billing details and any accumulated charges, please click on “Billing” after logging in to the eFax MyPortal Website.

d. Free-Trial Customers: If you subscribed to the Services pursuant to a special offer granting you a free trial period, your initial service fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account). These fees will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.

e. Pre-Paid Discounts: If you subscribed to the Services pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your initial monthly service fee for the month immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.

f. Usage Charges:

Additional charges apply when you exceed the number of inbound or outbound fax pages included in your eFax Services tier. Usage fees are payable in advance at a fixed amount as set from time to time by the Company, currently U.S. $10.00 or the approximate equivalent in local currency (the “Usage Prepay Amount”). You may choose to increase the size of your Usage Prepay Amount by logging into your account at the eFax Website or by contacting the Company’s Customer Service Department. The Usage Prepay Amount will be immediately and automatically charged to your credit or debit card without further authorization from you upon incurring usage in excess of the number of inbound or outbound fax pages included in your eFax service tier (or, in the event you are provided with a free usage credit, upon your depletion of such credit). Your Usage Prepay Amount will thereafter be reduced based upon your incurring usage fees, and each time your Usage Prepay Amount is depleted to a certain level (currently U.S. $2.00 or the approximate equivalent in local currency), another fixed Usage Prepay Amount in the same amount as the prior Usage Prepay Amount will be immediately charged to your credit or debit card, without further authorization from or notice to you.

Furthermore, in the event that the Company submits charges for your monthly, quarterly, bi-annual or annual service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize the Company to apply your Usage Prepay Amount to pay for some or all of your service fee or late fee due.

You agree that the Company may submit charges for the Usage Prepay Amount without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated or canceled your eFax Services or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice.

Upon you giving the Company notice that you have terminated or canceled your eFax Services, or in the event that the Company should terminate or cancel your eFax Services or account in accordance with the provisions herein, the unused portion of your Usage Prepay Amount (if any) will be applied toward any outstanding charges, and any remaining portion of your Usage Prepay Amount will be forfeited and non-refundable.

In addition, in the event you fail to incur usage charges on the Services for a period of six (6) months or longer, you will be deemed to have forfeited any remaining Usage Prepay Amount in your eFax account. In such event, the Company reserves the right to eliminate your remaining Usage Prepay Amount (if any) without notice.

g. Notification of Changed Billing Information: You must promptly notify the Company of changes to: (a) the account number, security code or expiration date of your designated credit or debit cards; (b) your billing address for the designated credit or debit card; and (c) the name of each minor whom you have authorized to use your Services account. You must also promptly notify the Company if your card is canceled for any reason, including loss or theft. In order to avoid Services interruptions caused by rejected credit or debit card charges, the Company reserves the right to update your credit or debit card details (such as expiration dates or new card numbers). You understand and agree that the Company is entitled to obtain such updated card details, store them and use them to bill charges. You acknowledge and accept that Consensus Cloud Solutions, LLC. may automatically bill or charge the designated credit or debit card for any outstanding balances after you notify us of the change or update the designated payment information in your account.

h. Usage and/or Account Credit Balances. The Company may, from time to time, award you a credit applied to your eFax Services usage and/ or account balance, which is a non-refundable credit . eFax Services usage and/ or account credit balances have no cash value and will expire on the earlier of (i) termination of your account or (ii) 30 days after they are issued, and are subject to any additional terms associated with the credit offer.

i. Late Fees. An administrative late fee of $4.95 USD or $6.00 CAD (or the approximate equivalent in local currency) or the maximum amount permitted under and subject to applicable law, may be charged to your account each time full payment of your outstanding balance is not received by the payment due date. You agree that the Company may submit charges for late fees without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated or canceled your eFax Services, or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice.

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17. Termination for Non-Payment

The Company reserves the right to suspend or terminate your account and associated Services, without notice, upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. Such rights are in addition to, and not in lieu of, any other legal rights or remedies available to the Company.

Upon account closure, all faxes connected with your account (including those stored in the eFax Message Center) will be immediately and permanently deleted. In addition, you understand and acknowledge that in the event the account is later reactivated, your prior or preferred fax number(s) may not be available. You agree that the Company has no responsibility or liability whatsoever for the foregoing.

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18. Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising any portion of the Services are wholly owned by the Company, its affiliates and/or its licensors and service providers except where expressly stated otherwise. You may not use the Company’s or its affiliates’ trademarks, trade names, patents, copyrights or other intellectual property rights without the Company’s prior written permission.

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19. Rules Regarding eFax Numbers

YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE eFAX NUMBER(S) PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICES UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20 (a) BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH eFAX NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE CUSTOMER OF RECORD OF ALL eFAX NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT TO SUCH eFAX NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF SUCH eFAX NUMBER(S) (“PORTING” IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR ALL eFAX NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND IS THEREFORE NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY eFAX NUMBER(S) PROVIDED UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20 (a) BELOW. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO TRANSFER THE eFAX NUMBER ASSIGNED TO YOU TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20 (a) BELOW. IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE eFAX NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO U.S. $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT OR DEBIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE eFAX NUMBER(S) TO BE RETURNED TO THE COMPANY. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED AND ADMINISTRATIVE FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-U.S. JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE eFAX NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF THE eFAX NUMBER(S) ASSIGNED TO YOU IS LOCATED IN SUCH A JURISDICTION.

a. Telephone Numbers Ported In

YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE PORTING IN CERTAIN TELEPHONE NUMBERS FROM YOU CURRENT TELECOMMUNICATIONS CARRIER(S) TO THE COMPANY’S TELECOMMUNICATIONS CARRIER(S) TO BE PLACED IN THE COMPANY’S NAME. IF YOU “PORTED IN” ANY TELEPHONE NUMBER(S), OR YOU ARE ENTITLED TO “PORT OUT” A TELEPHONE NUMBER UNDER NON-U.S. LAW, YOU MAY “PORT OUT” SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO “PORT OUT” SUCH TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE “PORTING NOTICE PERIOD”); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF U.S. $40 (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT OR DEBIT CARD IN THE APPLICABLE AMOUNT FOR SUCH ADMINISTRATIVE FEE. THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR SERVICES DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY SHALL REMAIN THE CUSTOMER OF RECORD OF THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT OR DEBIT CARD THE U.S. $500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION 20 (a), TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.

b. Reassignment of Telephone Numbers

YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR SERVICES FOR ANY REASON, THE eFAX NUMBER(S) ASSIGNED TO YOU MAY BE IMMEDIATELY RE-ASSIGNED TO ANOTHER CUSTOMER. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT; AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER UNDERSTAND AND AGREE THAT THE COMPANY MAY, FROM TIME TO TIME, NEED TO CHANGE OR OTHERWISE REMOVE THE eFAX NUMBER(S) ASSIGNED TO YOU (WHETHER DUE TO AN AREA-CODE SPLIT OR ANY OTHER REASON, WHETHER OUTSIDE OR WITHIN THE COMPANY’S CONTROL). YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN OR REMOVAL OF THE eFAX NUMBER(S) ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

c. No Right to Charge Third-Party Services to eFax Numbers

YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR, AT YOUR REQUEST, TO THE eFAX NUMBER ASSIGNED TO YOU BY THE COMPANY AND THAT YOU WILL NOT REQUEST OR, OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE THE COMPANY THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR eFAX ACCOUNT WITHOUT NOTICE.

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20. Indemnification

You agree to indemnify the Company and each of its affiliates, licensors and service providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims based upon use of the Services, including but not limited to: (a) any violation of this Agreement by you or any other person using your account, (b) any claim of libel, defamation, violation of rights of privacy or publicity, (c) any loss of service by other customers, (d) any infringement of intellectual property or other rights of any third parties, and (e) any violation of any laws or regulations- including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited fax advertisements.

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21. No Resale Of The Services

You are prohibited from selling, reselling, renting or leasing the use of the Services.

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22. Notices and Consent

Notices given by the Company to you will be given by email, by a general posting on the eFax Website or by conventional mail. In any matter requiring the Company’s prior consent, such consent will be considered given only if made in writing by an authorized representative of the Company. Notices given by you to the Company must be given by email or by conventional mail (subject, however, to the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion, and which may include the requirement that you contact the Company by phone so as to confirm that any such notice was in fact sent by you). Notices to the Company by conventional mail must be sent to:

Consensus US: Consensus Cloud Solutions, LLC, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, U.S.A., ATTN: Legal

Consensus Ireland: Unit 3, Woodford Business Park, Santry, Dublin 17, ATTN: Legal

Consensus ANZ: Unit 3, Woodford Business Park, Santry, Dublin 17, ATTN: Legal

Consensus Japan: Marunouchi Kitaguchi Building 10F, 1-6-5 Marunouchi, Chiyoda-ku, Tokyo, ATTN: Legal

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23. General Terms

IF YOU ARE A CUSTOMER OF CONSENSUS US, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE COMPANY’S SOFTWARE AND THE SERVICES.

IF YOU ARE A CUSTOMER OF CONSENSUS IRELAND, THE LAWS OF IRELAND, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND SERVICES AND COURTS OF IRELAND SHALL HAVE THE EXCLUSIVE JURISDICTION FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.

IF YOU ARE A CUSTOMER OF CONSENSUS ANZ, THE LAWS OF AUSTRALIA, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND SERVICES AND COURTS OF AUSTRALIA SHALL HAVE THE EXCLUSIVE JURISDICTION FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.

IF YOU ARE A CUSTOMER OF CONSENSUS JAPAN, THE LAWS OF JAPAN, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND SERVICES AND COURTS OF TOKYO, JAPAN SHALL HAVE THE EXCLUSIVE JURISDICTION FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.

THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. Nothing in this section shall restrict either of the parties from resorting to the courts or arbitration in any jurisdiction in order to collect, enforce or execute any judgment obtained in the State of California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder whether by direct assignment, by operation of law or otherwise, and any attempt to the contrary is void. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company’s reasonable control. Parental control protections (such as commercially available computer hardware, software or filtering services) may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of fax or email messages received through the Services.

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24. Legal Notices

Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer-rights information:

a. Pricing Information. Current rates for using the Services may be obtained on the eFax Website or by calling the Company’s Customer Service Department. The Company reserves the right to change fees, surcharges and monthly fees or to institute new fees at any time.

b. Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted, in writing, at 1020 N. Street, #501, Sacramento, CA 95814; or by telephone at 1-916-445-1254.

For EU Customers: If you are a consumer (meaning a natural person acting outside of their business, trade or profession) resident in the EU, and you are not satisfied with any aspect of the Services and have exhausted the internal mechanisms suggested herein, you can also bring claims arising out of or relating to the Services to the European Commission Online Dispute Resolution platform for online resolution (webgate.ec.europa.eu/odr).

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25. Agreement to Arbitrate All Disputes

a. If you are a Customer of Consensus US, You and the Company agree that all disputes and claims between you and the Company shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, any dispute, claim or controversy arising out of or relating in any way to the Services, the Company’s software, the eFax Website, the Agreement or any aspect of the relationship between you and the Company. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against the Company on your behalf. This arbitration provision shall survive termination of this Agreement and the termination of your account.

b. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to: Consensus Cloud Solutions, LLC, ATTN: Legal Department, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after the Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.

c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.

d. The Company may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected (or if the Company did not make a settlement offer before an arbitrator was selected), then the Company will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

e. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

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26. Terms of the Agreement.

Company may modify or amend the terms of this Agreement and any applicable addendum upon notice or by posting an updated Agreement to the applicable website.

The following Addendum shall only apply to your active use of eFax Protect.

Addendum for eFax Protect

BUSINESS ASSOCIATE ADDENDUM

This Business Associate Addendum (“BAA”), is entered into by you, as an authorized user of the Secured Service, as defined below, (“Customer”) and Consensus Cloud Solutions, LLC. (“Consensus US”), located at 700 S Flower St., 15th Floor, Los Angeles, CA 90017 (each a “Party” and collectively, the “Parties”).

WHEREAS, Consensus Cloud Solutions, LLC. offers, among other service offerings, the Secured Service that Customer intends to use to send and/or receive messages that could contain PHI; and

WHEREAS, Customer and Consensus Cloud Solutions, LLC. are entering into this BAA that, along with the Agreement, will govern their respective obligations regarding HIPAA and PHI with respect to the Secured Service.

NOW THEREFORE, in consideration of the foregoing, the mutual promises contained herein, and other good and valuable consideration, the Parties agree as follows:

I. DEFINITIONS

“Breach,” “Business Associate,” “Covered Entity,” and “Security Incident” have the same meanings given to them under HIPAA.

“DHHS” means the U.S. Department of Health & Human Services.

“HIPAA” means the Health Insurance Portability & Accountability Act, the Health Information Technology for Economic & Clinical Health Act (“HITECH”), and the regulations enacted thereunder (including 45 C.F.R. Parts 160 and 164), each as amended and as applicable.

“PHI” and “Unsecured PHI” mean “protected health information” and “unsecured protected health information,” as those terms are defined under HIPAA, if transmitted via Consensus US through Customer’s permitted use of the Secured Service.

“Secured Service” means the eFax Protect service provided by Consensus US pursuant to the Agreement.

All other capitalized terms shall have the same meanings as those set forth under HIPAA.

II. APPLICABILITY

A. Relationship to Service Agreement. This BAA amends the Agreement to govern the Parties’ respective obligations regarding HIPAA and PHI. To the extent there is any conflict or inconsistency between this BAA and the Agreement, with regard to matters related to HIPAA, the terms of this BAA will govern. Except as expressly amended by this BAA, the Agreement is unchanged and remains in full force and effect.

B. Parties. This BAA only applies to the extent Customer is acting as a Covered Entity or Business Associate to transmit PHI via the Secured Service and where Consensus US, as a result, is deemed to be acting as Customer’s Business Associate.

C. Secured Service. This BAA only applies to the Secured Service. All obligations and representations of Consensus US under this BAA are contingent on Customer’s agreement, representation, and warranty that it will not create, receive, maintain, or transmit PHI using a Consensus US service other than a Secured Service that is or another Consensus US service for which the Parties have entered into a separate HIPAA business associate agreement.

III. PERMITTED USE & DISCLOSURE

A. By Consensus US. Consensus US is authorized to access, use, maintain, and disclose PHI as necessary and appropriate to perform the Secured Service. Consensus US may also access, use, maintain, and disclose PHI for the proper management and administration of its business operations and to carry out its legal responsibilities, provided that disclosures for such purposes are either required by law or Consensus US obtains reasonable assurances from parties to whom PHI is disclosed that:

• the PHI will be held in confidence;
• the PHI will be used or further disclosed only as required by law or for the purpose Consensus US disclosed that PHI; and
• Consensus US will be notified of any Breach.

Consensus US agrees not to access, use, maintain, or disclose PHI other than as provided above

B. By Customer. Except as otherwise permitted under HIPAA, Customer shall not request Consensus US to use or disclose PHI in a manner that would not be permissible under HIPAA if done by Customer. With regard to Customer’s management and administration of the Secured Service to its end users, Customer is responsible for using and enforcing the available controls within the Secured Service to support its HIPAA compliance requirements, including by adhering to the Guidelines. Customer agrees that Consensus US has no HIPAA obligations under this BAA to the extent Customer creates, receives, maintains, or transmits PHI outside of the Secured Service, including through Customer’s use of non-Consensus US applications or tools.

C. By Agents & Subcontractors. Consensus US will take appropriate steps to ensure that any agents and subcontractors used by Consensus US to perform its obligations under the Service Agreement who require access to Unsecured PHI are bound by written obligations that provide materially the same level of restrictions, conditions, and requirements for PHI that apply to Consensus US through this BAA.

IV. REPORTING

A. Appropriate Safeguards. With respect to the Secured Service, Consensus US and Customer will use appropriate safeguards designed to prevent unauthorized use or disclosure of PHI, consistent with this BAA and as required under HIPAA.

B. Reporting. In compliance with HIPAA, Consensus US will report to Customer any of the following events of which it becomes aware:

• Any use or disclosure of Unsecured PHI not provided for by this BAA;
• Any Security Incident; and/or
• Any Breach of Unsecured PHI.

Notification shall be made as soon as reasonably practicable, consistent with the legitimate needs of law enforcement and Consensus US’s efforts to comply with applicable law, and after allotting reasonable time for Consensus USto investigate the Breach, restore the integrity of its systems and the Secured Service , and mitigate further harm.

C. Accounting Rights. To the extent applicable, Consensus US will make available to Customer any PHI that Customer maintains using the Secured Service, so that Customer may fulfill its HIPAA obligations to provide individuals with their information access, amendment, and accounting rights. Customer is responsible for managing its use of the Secured Service to appropriately respond to such requests by individuals.

D. Access to Records. To the extent required by law and subject to any applicable privileges and immunities, Consensus US will make available to the Secretary of DHHS Consensus US’s internal practices, books, and records concerning PHI transmitted by Customer through the Secured Service, in order for the Secretary of DHHS to assess HIPAA compliance.

V. TERM & TERMINATION

A. Term. The term of this BAA shall terminate conterminously with the Agreement, unless sooner terminated in accordance with Section V(B) or V(C). In the event that this BAA is terminated earlier than the Agreement, Customer may continue to use the Secured Service in accordance with the Agreement but must delete any PHI maintained using the Secured Service and cease to create, receive, maintain, and transmit PHI using the Secured Service.

B. Termination for Cause. In the case of a material breach of this BAA, the non-breaching Party shall provide written notice promptly upon its discovery of such breach. The breaching Party shall be afforded a thirty (30) day opportunity to cure, after which the non-breaching Party may choose to terminate this BAA and the Agreement if the breaching Party does not reasonably cure the breach.

C. Other Termination. This BAA may also be terminated if: (i) the Agreement is terminated or amended to no longer cover Consensus US’s provision of Secured Service to Customer; (ii) HIPAA is amended or superseded such that an agreement such as this is not required; or (iii) both Parties mutually agree to terminate this BAA, provided that either a new HIPAA business associate agreement must be put in place or the service relationship between Consensus US and Customer must terminate in all respects that involve PHI.

D. Destruction upon Termination. After termination of this BAA, the Parties shall destroy all PHI associated with Customer that has been maintained on Consensus US’s systems within a reasonable time. To the extent destruction is not feasible, Consensus US will extend the protections of this BAA to the remaining PHI and limit further use and disclosure to the purposes that make destruction infeasible.

VI. GENERAL PROVISIONS

A. Amendments. This BAA may be modified or amended by Consensus US upon notice or by posting an updated BAA to the applicable website.

B. No Third Party Beneficiaries. This BAA is entered into solely for the benefit of the Parties and has not been entered into for the benefit of any third party, including without limitation, any patients of Customer or their legal representatives.

C. Invalidity. If any provision of this BAA is determined by a court of competent jurisdiction to be invalid or unenforceable, this BAA shall be construed as though such invalid or unenforceable provision were omitted, provided that the remainder of this BAA continues to satisfy HIPAA requirements for a business associate agreement. If it does not, then the Consensus US shall, at its discretion, amend the BAA so that it does comply with HIPAA, or terminate this BAA and the service relationship between Consensus US and Customer in all respects that involve PHI.

D. Integration. This BAA is subject to the Agreement and contains the entire agreement between the Parties pertaining to HIPAA and PHI, and supersedes all prior understandings, whether written or oral, regarding the same subject matter.

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A. This Policy

This Policy is issued by Consensus Cloud Solutions, LLC (operating as part of Consensus®) on behalf of itself, its subsidiaries and its affiliates (together, ” Company“, ” we“, ” us” and ” our“) and is addressed to individuals outside our organization with whom we interact, including customers, visitors to our Sites, users of our Apps, and other users of our services (together, ” you“).Defined terms used in this Policy are explained in Section (S) below.

For the purposes of this Policy, Company is the Controller. This Policy covers the information practices relating to Company websites for the eFax brand and services (“Services”) offered now or in the future. Contact details are provided in Section (R) below.

This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.

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B. Collection of Personal Data

Collection of Personal Data: We may collect Personal Data about you from the following sources:

• Data you provide: We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card).
• Relationship data: We may collect or obtain your Personal Data in the ordinary course of our relationship with you (e.g., if you purchase a service from us).
• Data you make public: We may collect or obtain your Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
• App data: We may collect or obtain your Personal Data when you download or use any of our Apps.
• Site data: We may collect or obtain your Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
• Registration details: We may collect or obtain your Personal Data when you use, or register to use, any of our Sites, Apps, or services.
• Content and advertising information: If you choose to interact with any third party content or advertising on a Site or in an App, we may receive Personal Data about you from the relevant third party.
• Third party information:We may collect or obtain your Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).

C. Creation of Personal Data

We may also create Personal Data about you, such as records of your interactions with us, and details of your purchase history for internal administration purposes and analysis.

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D. Categories of Personal Data we may Process

We may Process the following categories of Personal Data about you:

• Personal details: given name(s); preferred name; and photograph.
• Demographic information: gender; date of birth/age; nationality; salutation; job title/industry; and language preferences.
• Contact details: correspondence address; telephone number; email address; and details of your public social media profile(s).
• Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
• Purchase details: records of purchases and prices.
• Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; and card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of checks.
• Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username; password; security login details; usage data; aggregate statistical information.
• Employer details: where you interact with us in your capacity as an employee, the contact information of your employer (including name, address, telephone number and email address) to the extent relevant.
• Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (including mouse hover, mouse clicks, any forms you complete (including incomplete forms not submitted) and any touchscreen interactions).
• Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.

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E. Lawful basis for Processing Personal Data

In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:

• Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
• Contractual necessity: We may Process your Personal Data where the Processing is necessary in connection with any contract that you may enter into with us;
• Compliance with applicable law: We may Process your Personal Data where the Processing is required by applicable law;
• Vital interests: We may Process your Personal Data where the Processing is necessary to protect the vital interests of any individual; or
• Legitimate interests: We may Process your Personal Data where we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.

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F. Sensitive Personal Data

We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:

• Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
• Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
• Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defense of legal rights; or
• Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

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G. Purposes for which we may Process your Personal Data

The purposes for which we may Process Personal Data, subject to applicable law, include:

• Provision of services to you: providing our Sites, Apps, and services to you; communicating with you in relation to those services, and providing you with promotional items at your request or in connection with those services or similar services.
• Our Sites and Apps: operating and managing our Sites and our Apps; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites and our Apps; identifying issues with our Sites and Apps and planning improvements to or creating new Sites and Apps; and notifying you of changes to any of our Sites, our Apps, or our services.
• Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
• Communications and IT operations: management of our communications systems; operation of IT security systems; and IT security audits.
• Health and safety: health and safety assessments and record keeping; and compliance with related legal obligations.
• Financial management: sales; finance; corporate audit; and vendor management.
• Surveys: engaging with you for the purposes of obtaining your views on our services.
• Security: physical security of our premises (including records of visits to our premises; and CCTV recordings); and electronic security (including login records and access details).
• Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.
• Legal proceedings: establishing, exercising and defending legal rights.
• Legal compliance: compliance with our legal and regulatory obligations under applicable law.
• Improving our Sites, Apps, services: identifying issues with our Sites, our Apps, or our services; planning improvements to our Sites, our Apps, or our services; and creating new Sites, Apps, or services.

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H. Disclosure of Personal Data to third parties

We may disclose your Personal Data to other entities within the Company group, for legitimate business purposes (including operating our Sites and our Apps, and providing services to you), in accordance with applicable law. In addition, we may disclose your Personal Data to:

• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• outside professional advisors (such as accountants, auditors, or lawyers), subject to binding contractual obligations of confidentiality;
• third party Processors (such as payment services providers; data centers; etc.), located anywhere in the world, subject to the requirements noted below in this Section (H);
• any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal rights;
• any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;
• any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
• any relevant third party provider, where our Sites and our Apps use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.

If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

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I. International transfer of Personal Data

Because of the international nature of our business, we may need to transfer your Personal Data within the Company group, and to third parties as noted in Section (H) above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

Where we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard Contractual Clauses. You may request a copy of our Standard Contractual Clauses using the contact details provided in Section (R) below.

Please note that when you transfer any Personal Data directly to a Company entity established outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive the data, in accordance with the provisions of this Privacy Policy.

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J. Data security

We have implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of Processing, in accordance with applicable law.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your personal data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.

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K. Data accuracy

We take every reasonable step to ensure that:

• your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that you inform us is inaccurate (having regard to the purposes for which they are Processed) are erased or rectified.

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L. Data minimization

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Policy or as required to provide you services or access to our Apps and Sites.

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M. Data retention

We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Policy.

The criteria for determining the duration for which we will keep your Personal Data are as follows: we will retain copies of your Personal Data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. In particular, we may retain your Personal Data for the duration of any period necessary to establish, exercise or defend any legal rights.

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N. Your legal rights

Subject to applicable law, you may have a number of rights regarding the Processing of your Relevant Personal Data, including:

• the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of our Sites, our Apps, or our services, if you do not provide us with your Personal Data – e.g., we may not be able to process your orders without the necessary details);
• the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
• the right to request rectification of any inaccuracies in your Relevant Personal Data;
• the right to request, on legitimate grounds:
  • erasure of your Relevant Personal Data; or
  • restriction of Processing of your Relevant Personal Data;
• the right to object, on legitimate grounds, to the Processing of your Relevant Personal Data by us or on our behalf;
• the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
• where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
• the right to lodge complaints with a Data Protection Authority regarding the Processing of your Relevant Personal Data by us or on our behalf.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (R) below. Please note that:

• we may require proof of your identity before we can give effect to these rights; and
• where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.

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O. Cookies and similar technologies (Cookie Policy)

This policy provides detailed information about how and when we use cookies. This cookie policy applies to the eFax products or services websites that link to this policy or incorporates it by reference.

What is a cookie?

A cookie is a piece of data stored on your computer and tied to information about you. By using and browsing our Sites, you consent to the use by us and third parties of cookies and other technologies in accordance with this Policy.

What are the different types of cookies?

First party cookies are our own cookies set by our Site, controlled by us, and used to provide information about the usage of our Site.

Third party cookies are cookies from any other domain. Some of our business partners (for example, third-party advertisers) may use cookies on the Site, in emails or in our advertisements on other websites to allow them to deliver the services they are providing. In order to create a user-friendly experience, some of our third-party promotions and advertisements are designed to automatically transmit users’ information onto the third party’s landing page when you choose to “click” upon a third party’s advertisement or promotion. We do not control these third parties or their use of cookies. As such, this Policy covers the use of cookies by the Company and does not cover the use of cookies by any third-party advertisers. Please check the websites of those third parties for details on how they use cookies.

How long do cookies stay on your computer?

Two types of cookies may be used on the Site, session cookies and persistent cookies.

Session cookies are temporary cookies that remain in your browser or device until you leave the site; they are deleted from your device once you leave the Service.

Persistent cookies are small files stored on your hard drive until you delete them or until they reach their expiry date. These may, for example, be used to remember your preferences when you use the Site, recognize you on your return, and enhance your experience on the Site (see more about profiles below). Use of a persistent cookie is not linked to any personally identifiable information while on the Site except if you choose to store your user names and PINs so that you do not have to enter them each time you access your accounts. Then, a persistent cookie will be stored on your computer, which is linked to your account information. If you reject the persistent cookie, you may still use the Site but you will be limited in some areas of it.

How do we use cookies?

We may use cookies for the following purposes (either on our own or by using third party services):

Authentication and Preferences: Cookies can be used to recognize you when you visit our Sites, remember your preferences (such as languages and communication preferences), and customize your experience with using our Sites and Services.

Security: Cookies may enable and support our security features and to help us detect malicious activity.

Advertising: Cookies allow us to bring you advertising both on and off our Sites. We may also use a cookie to learn whether someone who saw an ad later visited and took an action on the advertiser’s site. Similarly, our partners may use a cookie to determine whether we’ve shown an ad and how it performed, or provide us with information about how you interact with ads. We may also work with a partner to show you an ad on or off our Sites, such as after you have visited a partner’s site or application.

Analytics: We use cookies to understand, improve, and research products, features, and services, including when you access our Sites from other websites, applications, or devices such as your mobile device.

Geo-Location Information: Some devices allow applications to access real-time location-based information (for example, GPS). Some photos or other contact you place within our Service may contain recorded location information. We may use this information to optimize your experience. Also, some of the information we collect from a device, for example IP address, can sometimes be used to approximate a device’s location.

Flash Cookies: We may, in certain situations, use Adobe Flash Player to deliver special content, such as video clips or animation. Flash cookies are stored on your device, but they are managed through an interface that is different from the one provided by your web browser. This means that it is not possible to manage Flash cookies at the browser level in the same way you would manage other types of cookies. Instead, you can access your Flash management tools from Adobe’s website directly.

Our List of Cookies may provide you with more information on the cookies used on our Sites. Note, the names of cookies, pixels and other technologies may change over time.

What other technologies do we use?

• Log Files: Like most websites, our servers use log files to analyze trends, administer our sites, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. The log file information consists of IP addresses, browser type, browser language, referring URL, platform type, etc., and is not linked to identifiable personal information.
• Clear Gifs: Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and we may use them to track the online movements of our users. Clear gifs are invisible on the page and are much smaller than cookies, about the size of the period at the end of this sentence. We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
• Profile: We may store information that we collect to create a profile of our users. A profile is stored information that we keep on individual users that detail their viewing preferences. Consequently, collected information may be tied to users’ personally identifiable information to improve the content of the Site for users, improve our Services and provide new services that are likely to be of interest to users and to direct pertinent product updates and marketing promotions to users if they have opted in to receive those promotions. We do not share personally identifiable elements of a user’s profile with other third parties. User profiles are shared in aggregate form only.
• Do Not Track Response: Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different from blocking cookies as browsers with the “do not track” option selected may still accept cookies. Right now, there is no industry standard for how companies should respond to “do not track” signals, although one may be adopted in the future. We do not respond to “do not track” signals at this time. If we do so in the future, we will modify this Privacy Policy accordingly. More information about “do not track” is available at www.allaboutdnt.org.

Can I Change My Cookie Preferences?

Browser settings allow you to choose whether or not to accept cookies or limit certain cookies. Most browsers also provide functionality that lets you review and erase cookies. If you use our Sites without changing your browser settings, we will assume that you are happy to receive all cookies on our Sites. Please be aware that if cookies are disabled, not all features of the Site may operate as intended.

Your mobile operating system may let you opt out from having your information collected or used for interest-based advertising on mobile devices. You should refer to the instructions provided by your mobile device’s manufacturer, but this functionality is usually available in the “Settings” section of your device. You can also stop us from collecting information through our applications by uninstalling our applications.

For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit http://www.networkadvertising.org or http://networkadvertising.org/optout_nonppii.asp.

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P. Terms of Use

All use of our Sites, our Apps, or our services is subject to our Customer Agreement, available at https://ww2.efax.com/legal#agreement. We recommend that you review our Customer Agreement regularly, in order to review any changes we might make from time to time.

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Q. Direct marketing

We may Process your Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding services that may be of interest to you. If we provide services to you, we may send information to you regarding our services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.

You may unsubscribe from our promotional email list at any time by following the unsubscribe instructions included in every promotional email we send. We will not send you promotional emails from a list you have selected to be unsubscribed from, but we may continue to contact you to the extent necessary for the purposes of any services you have requested or from additional lists you have signed up under.

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R. Contact details

If you wish to be taken off our contact list for direct marketing, please contact [email protected]

If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data carried out by us, or on our behalf, please contact:

• Consensus Cloud Solutions, LLC700 S. Flower St., 15th FloorLos Angeles, CA 90017Attn: Fax.com / Legal Department[email protected]

The Company, or Company affiliate, has appointed a Data Protection Officer who may be contacted at [email protected].

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S. Definitions

• ” App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).
• ” Adequate Jurisdiction” a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
• ” Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
• ” Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
• ” Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
• ” EEA” means the European Economic Area.
• ” Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
• ” Process“, ” Processing” or ” Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• ” Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
• ” Relevant Personal Data” means Personal Data in respect of which we are the Controller. It expressly does not include Personal Data of which we are not the Controller.
• ” Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
• ” Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
• ” Site” means any website operated, or maintained, by us or on our behalf.

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T. California Consumer Privacy Act Addendum

In accordance with the California Consumer Privacy Act, if you are a consumer residing in California the following addition terms apply to you.

(1) Right to Know About Information Collected, Disclosed or Sold

You have the right to request that we disclose what personal information we collect, use, disclose, and sell. To submit a verifiable request, please use our DSAR Form or email [email protected]

If you have an account with us, we will verify the request by confirming the email address used to make the request is the same as the email address on file for the account. If you do not have an account with us, we will verify the request by sending an email to the email address used to make the request.

The categories of California consumers’ personal information we may collect are listed above in Section (D) (“Categories of Personal Data”).

With reference to section (D) above, we collect the following categories of data from our customers: personal details; demographic information; contact details; consent records; purchase details; payment details; data relating to our Sites and Apps; employer details; content and advertising data; and views and opinions of our customers. We use this data for the purposes listed above in Section (G) (“Purposes for which we may Process your Personal Data”).

With further reference to section (D) above, we collect the following categories of data from website visitors: data relating to our Sites; employer details; content and advertising data; and the views and opinions of website visitors. We use this data for the purposes listed above in Section (G) (“Purposes for which we may Process your Personal Data”).

We confirm we have not sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. We confirm we do not sell personal information of minors under 16 years of age without authorization. We may disclose the categories of Personal Information listed in Section (G) to our vendors and service providers for a business purpose.

(2) Right to Request Deletion of Personal Information

You have the right to request deletion of Personal Information collected or maintained by us. To do so, please submit a request via our DSAR Form, by emailing [email protected] or by calling 1 (866) 761-8115.

If you are a current or former customer submitting a request by web form or email, please provide sufficient information to identify your account, including your email address on file with us. You may be asked to verify your identity by responding to us with the email address on file for the account.

If you are not a current or former customer, we may ask for proof of identity sufficient to show you are the same consumer about whom we have collected personal information that you are requesting to be deleted.

(3) Right to Opt-Out of the Sale of Personal Information

You have the right to opt-out of the sale of your personal information by a business. Pursuant to California law, because we do not and will not sell your personal information, we do not offer such an opt-out at this time.

(4) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have the right not to receive discriminatory treatment by the business for the exercise of the privacy rights conferred by the California Consumer Privacy Act.

(5) Authorized Agent

If you would like to make a request under the California Consumer Privacy Act on behalf of a California consumer who is a current or former customer, please provide an email from the email address we have on file for the customer authorizing the request.

You may also make a request under the California Consumer Privacy Act on behalf of a California consumer if you provide (1) a signed, written permission from the consumer to act on your behalf, and the consumer verifies their own identity directly with us; or (2) proof that the consumer has provided you with power of attorney pursuant to Probate Code sections 4000 to 4465

We may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

(6) Contact for More Information

If you have any questions or concerns about our privacy policies and practices, you may contact us via our DSAR Form or [email protected], or by calling 1 (866) 761-8115.

(7) Date Privacy Policy Last Updated

Our Privacy Policy was latest updated as of the date indicated at the beginning of the policy.

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