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Effective Date: February, 2018This Privacy Policy describes the practices of Pulse Microsystems Ltd. THE INFORMATION WE COLLECTPulse collects a variety of information that you provide directly to us.We process your information when necessary to provide you with the Services that you have requested when accepting our Terms of Service, or where we have obtained your prior consent, or where we have a legitimate interest to do so.For example, we may have a legitimate interest to process your information for security, testing, maintenance, and enhancement purposes of the Services we provide to you, or for analytics, research, and reporting purposes. Without your information, we cannot provide you with the Services you have requested or you may be limited in your use of the Services.1.

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COOKIES AND SIMILAR TECHNOLOGIESTo collect the information in the “Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies.A web server log is a file where website activity is stored. HOW WE SHARE YOUR INFORMATIONPulse will share your information in the following ways:. Affiliates and Subsidiaries. We may share all information we collect within the Pulse family of companies. Service Providers. We may provide access to or share your information with select third parties who perform services on our behalf.

These third parties provide a variety of services to us, including without limitation billing, sales, marketing, provision of content and features, advertising, analytics, research, customer service, shipping and fulfillment, data storage, security, fraud prevention, payment processing, and legal services. Third-Party Integrations. When you initiate a connection with a third-party integration through the Services, we will share information about you that is required to enable your use of the third-party integration through the Services.

Business Transfers. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Services can continue to operate.

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In such case, your information would remain subject to the promises and commitments contained in this Privacy Policy until such time as this Privacy Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, Pulse will comply with such restrictions. Public Forums. The Services make it possible for you to upload and share comments or feedback publicly (i.e., outside of the Pulse mobile and web app) with other users, such as on the Pulse blog. Any information that you submit through such public features is not confidential, and Pulse may use it for any purpose (including in testimonials or other Pulse marketing materials).

Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users, and it could be used to send you unsolicited messages. Accordingly, please take care when using these features of the Services.

Aggregate/De-Identified Information. From time to time, Pulse may share Aggregate/De-Identified Information about use of the Services, such as by publishing a report on usage trends. As stated above, this Policy places no limitations on our use or sharing of Aggregate/De-Identified Information. We may also disclose your information to third parties with your consent to do so. For example, we will display your Profile Information on your profile page and elsewhere on the Services in accordance with the preferences you set in your account. You can review and revise your Profile information at any time. YOUR CHOICESWe provide you with a number of choices with respect to the information we collect and use as discussed throughout this Privacy Policy.For example: - You may instruct us not to use your contact information to contact you by email, postal mail or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us – see the Pulse Contact Info section below.In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails.

Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law.For example, you may not opt out of certain operational or service-related emails, such as those reflecting our relationship or transactions with you. Through your account interface, you may opt-out of receiving categories of Services-related notices that are not deemed by Pulse to be integral to your use of the Services. THIRD PARTY LINKS AND SERVICESThe Services contain links to third-party websites such as social media sites, and also contain third-party integrations.If you choose to use these sites or integrations, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function.Because these third-party websites and services are not operated by Pulse, Pulse is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and other information will be subject to the privacy policies of the third party websites or services, and not this Policy.We urge you to read the privacy and security policies of these third-parties.

INTERNATIONAL USERSPulse complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union and Switzerland to the United States, respectively.Pulse has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access and Recourse, Enforcement and Liability.If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit compliance with the EU-US Privacy Shield and Swiss-US Privacy Shield Principles, Pulse commits to resolve complaints about your privacy and our collection or use of your personal information.

YOUR RIGHTSIf you want to learn more about the information collected through the Services, or if you would like to access or rectify your information and/or request deletion of information we collect about you, or restrict or object to the processing of your information, please contact us using the contact information below. Where you have provided consent, you may withdraw your consent at any time, without affecting the lawfulness of the processing that was carried out prior to withdrawing your consent.If you are dissatisfied with the way we process your information, you may lodge a complaint with the data protection authority (“DPA”) in your jurisdiction. If you are a resident of France, your DPA is the Commission Nationale de l’Informatique et des Libertes (“CNIL”).

If you are a resident of Germany, please see the DPA located in your particular state. If you are a resident of France, you may provide us with instructions regarding the manner in which we may continue to store, erase and share your information after your death, and where applicable,the person you have designated to exercise these rights after your death. CHANGES TO OUR PRIVACY POLICYWe reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Policy accessible through the Services, so you should review the Policy periodically.If we make a material change to the Policy, you will be provided with appropriate notice and we will seek your consent to the updated Policy in accordance with legal requirements.

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IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICES PROVIDED BY PULSE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. These User Terms of Service (the “Terms”) create a legal agreement between you (a “User”) and Pulse Microsystems Ltd. (“Pulse,” “we,” “our”).These Terms govern your use of the services, software and websites (together, the “Services”) provided by Pulse. By accessing or using the Services, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms, our, and our.If you do not agree to these Terms, then you have no right to access or use the Services. We may, from time to time, modify these Terms. Please check this page periodically for updates.

If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services.The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms.Your continued use of the Services after any such update constitutes your binding acceptance of such changes. 1.ELIGIBILITY AND SCOPE.1.1 Eligibility.

2.ACCOUNT REGISTRATION AND USE.2.1 Account Registration and Confidentiality. To access the Services, you must register for a Pulse account by providing an email address and creating a password, and providing us with other information that we request.You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure.By registering, you agree that you are fully responsible for all activities that occur under your user name and password.We may assume that any communications we receive under your account have been made by you.2.2 Unauthorized Account Use. 4.USER CONTENT AND SUBMISSIONS.4.1 User Content and Submissions.

The Services allow you to view, modify and create embroidery designs and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available (“submitted”) to the Services is subject to the following terms:.4.1.1 Free User Content.

Users of Pulse’s free Services maintain ownership of the User Content that they submit to the Services (“Free User Content”). By submitting Free User Content, Users grant Pulse a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Free User Content.We reserve the right to remove any Free User Content on the Services that violates these Terms or that is otherwise objectionable in Pulse‘s sole discretion.4.1.2 User Content. Content submitted to the Services by Users (“User Content”) is owned and controlled by you. Pulse maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display User Content for the limited purposes of (i) providing the Services and associated User support;(ii) displaying the User Content to the Users; and (iii) analyzing and improving the Services.4.2 User Content Representations.

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You acknowledge and agree that you have all required rights to submit User Content without violation of any third-party rights.You understand that Pulse does not control, and is not responsible for User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Pulse for all claims resulting from User Content you post.We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses. 5.LICENSE AND ACCEPTABLE USE.5.1 Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services, including the Pulse Privacy Policy, these Terms, and if applicable, the Subscriber Agreement.Pulse may revoke this license at any time, in its sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.5.2Acceptable Use. Your use of Pulse websites and services must comply at all times with our.5.3 Violations.

In addition to any other remedies that may be available to us, Pulse reserves the right to immediately suspend or terminate your account or your access to the Services upon notice and without liability for Pulse should you fail to abide by the terms of this Section 5. 11.THIRD-PARTY LINKS AND SERVICESThe Services may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Pulse is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources,(ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Pulse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources.Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

12.MODIFICATION AND TERMINATION.12.1 Modification of Services. Pulse reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice.You agree that Pulse shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.12.2 Termination. These Terms are effective unless and until terminated by you or us.

13.MANDATORY LITIGATION AND CLASS ACTION WAIVERPLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.13.1 Application. GENERAL TERMS.15.1 Force Majeure. Under no circumstances shall Pulse or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.15.2 No Waiver.

Disruption of the Service. You may not:. 1. Access, tamper with, or use non-public areas of the Service, Pulse’s computer systems, or the technical delivery systems of Pulse’s providers;.

2. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;.

3. Access or search the Service by any means other than Pulse’s publicly supported interfaces (for example, “scraping”);. 4. Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. Using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time).

5. Interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

Misuse of the Service. You may not utilize the Service to carry out, promote or support:.

1. Any unlawful or fraudulent activities;.

2. The impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;. 3. Activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;. 4. The publishing or posting other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;.

5. The sending unsolicited communications, promotions advertisements, or spam;. 6.

The publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or. 7. Promotion or advertisement of products or services other than your own without appropriate authorization. Content Standards Within the Service.

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You may not post any Content on the Service that:. 1. Violates of any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;. 2. Is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;.

3. Contains viruses, bots, worms, or similar harmful materials; or. 4. Contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

Violations of this Acceptable Use Policy.In addition to any other remedies that may be available to us, Pulse reserves the right to immediately suspend or terminate your account or your access to the Service upon notice and without liability for Pulse should you fail to abide by this Acceptable Use Policy.If you are a user of the Service under your employer or organization’s account, Pulse reserves the right to notify your employer or organization of any violations of this Acceptable Use Policy. This Subscriber Agreement (the “Subscriber Agreement”) is between Pulse Microsystems Ltd., an Ontario, Canada corporation (“Pulse”) and the organization agreeing to these terms (“Customer”).This Subscriber Agreement governs Customer’s access to Pulse’s online software and services (the “Service”) and its associated applications and website.