Privacy Notice

Radar Labs, Inc., a Delaware corporation located at 841 Broadway, 7th Floor, New York, NY 10003 ("Radar," "we," "us," and "our"), provides this privacy notice ("Privacy Notice") because we believe that consumers should clearly understand how their information and data is collected and used. This Privacy Notice covers our treatment of information that can be used to individually identify a person ("Personal Data"), which includes data and information that we gather through our Services.

By using or accessing our website or the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Notice and you hereby consent that we will collect, use, and share data and information in the following ways.

Remember that your use of Radar's Services is at all times subject to the Radar Terms of Use ("Terms") available at https://radar.com/terms, which incorporates this Privacy Notice. Any terms we use in this Privacy Notice without defining them have the definitions given to them in the Terms.

1. Introduction

Radar offers its Services to application developers. Radar's Services allow developers to collect, analyze, and act on location data collected from individual devices. All of Radar's developers and partners are referred to collectively as our "Clients."

This Privacy Notice explains how we may collect, use, store, and disclose information about the end users ("End Users") of third-party mobile applications that use our Services as well as our Clients.

This Privacy Notice covers our processing of Personal Data that we gather when you are accessing or using our Services, but not to the practices of companies we don't own or control, or people that we don't manage. As used in this Privacy Notice, "Personal Data" means any information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.

We gather various types of Personal Data from our users, as explained in more detail below, and we use this Personal Data internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Data with third parties, but only as described below.

If you are a resident of the European Union ("EU") or the European Economic Area ("EEA"), you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Data, as outlined below. Radar Labs, Inc. may be the controller of your Personal Data processed in connection with the Services. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@radar.com. Note that we may also process Personal Data of our customers' end users in connection with our provision of services to customers, in which case we are the processor of Personal Data and our customer is the controller of your Personal Data. For detailed privacy information related to a Radar customer who is the controller of your Personal Data, and to address your rights with respect to such Personal Data, please contact the Radar customer directly.

2. End User Information

We refer to the information we collect from End Users automatically through our Services on behalf of our Clients as the "SDK Information." We only use SDK Information to provide the Services to our Clients, and for no other purpose. We will not sell or provide access to your SDK Information to any third party without your consent. The SDK Information may include, without limitation, the following types of data, some of which may be Personal Data:

Precise location (e.g., GPS-level) data, such as latitude, longitude, accuracy, altitude, speed, heading
Mobile advertising identifiers (e.g., Apple IDFA, Android advertising ID)
IP addresses
Device information (e.g., device make, device model, operating system version, Apple IDFV, Android ID)
Time zone information
Privacy preferences

We may additionally share the SDK Information with third parties in the following ways:

We share the SDK Information with our Clients in order to provide our Services to them.
We may share the SDK Information with the End User that is the subject of the SDK Information, upon Client's request.
We share the SDK Information with our integration partners on Client's behalf and request in order to provide the Services to our Clients.

This Privacy Notice does not apply to SDK Information or to the products, services and applications of our Clients ("Client Services"), and we are not responsible for our Clients' handling of SDK Information. Our Clients have their own policies regarding the collection, use and disclosure of your Personal Data. To learn about how a particular Client handles your personal information, we encourage you to read the Client's privacy statement. Our use of SDK Information provided by our Clients in connection with our Services is subject to the written agreement between us and Client.

3. Information We Collect From You

If you are a Client, we collect your Personal Data when you sign up, and register for, the Services ("Client Information"). The Client Information may include, without limitation, the following types of data, some of which may be Personal Data:

First and last name
Email address
Phone number
Company name
Payment information
IP address
Web browser information
Page view statistics
Browsing history
Usage information
Transaction information (e.g., transaction amount, date and time such transaction occurred)
Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
Log data (e.g., access times, hardware and software information)

Cookies. When you visit our sites, we will send you a cookie, which is a small file stored on your computer that allows us to uniquely identify it. Where required by applicable law, we obtain your consent for the use of cookies. You may choose to delete or not accept our cookies as described in this privacy policy. If you delete or choose not to accept our cookies, you may not be able to utilize all the features of our products and services. Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. This information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Third Party Analytics. Our Services may use third party analytics tools, such as Segment, Google Analytics, and Amplitude (the "Analytics Providers"), that use cookies, web beacons, or other similar information gathering technologies to collect standard internet log information and usage information. The information generated is used to compile statistical reports on user activity. The Analytics Providers collects information such as how often users visit a website, what pages they visit when they do so, and what other websites they visited prior to coming to a website. We use the information obtained from these applications only to improve our Services and our product and service offerings. The information generated about your use of our Services will be transferred and saved to the vendor's server in the United States.

4. How We Use Your Personal Data

We process Client Information to operate, improve, understand and personalize our Services. For example, we use Client Information to:

Create and manage Client profiles
Communicate with you about the Services
Process orders
Contact you about Service announcements, updates or offers
Provide support and assistance for the Services
Personalize website content and communications based on your preferences
Meet contract or legal obligations
Respond to Client inquiries
Fulfill Client requests
Comply with our legal or contractual obligations
Resolve disputes
Protect against or deter fraudulent, illegal or harmful actions
Enforce our Terms

We will only process your Client Information if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our "legitimate interests" or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Client Information as a matter of "contractual necessity", meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Client Information will result in your inability to use some or all portions of the Services that require such data.

First and last name
Email address
Payment information
IP addresses

Legitimate Interest: We process the following categories of Client Information when we believe it furthers the legitimate interest of us or third parties.

Email address
Payment information
IP address

Examples of these legitimate interests include:

Operation and improvement of our business, products and services
Marketing of our products and services
Provision of customer support
Protection from fraud or security threats
Compliance with legal obligations
Completion of corporate transactions

Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data, for example marketing and promotional emails. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

Information that's no longer personally identifiable. We may anonymize your Personal Data so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual. For example, we currently use Analytics Providers to perform and support our marketing and analytics functions as described in this Privacy Notice.

We may share Client Information with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Notice or our Terms. These parties may include:

Payment processors
Analytics service providers
Email marketing and management service providers
Customer support providers
Hosting service providers

We also share Client Information when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

Third party business partners who you access through the Services
Other parties authorized by you

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected). We also share Personal Data when we believe it is necessary to:

Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
Maintain the security of our products and services
Last, we share Personal Data with our affiliates or other members of our corporate family.

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this notice.

6. Consumer Control and Opt Out Options

End Users can opt out of sharing their location by turning off location services. On iOS, go to Settings > Privacy & Security > Location Services. On Android, go to Settings > Location. When you opt out of location sharing, the Services no longer collect any location based-data from your device.

End Users can also opt out of sharing their mobile advertising identifiers. On iOS, go to Settings > Privacy & Security > Apple Advertising, then turn off "Personalized Ads." On Android, go to Settings > Google > Ads and turn on "Opt Out of Ads Personalization."

If End Users opt out of sharing the aforementioned data with us, please note that the Services provided may be affected and some features may be unavailable.

Please note that the instructions above may change.

7. Data Transfers

The Services are hosted and operated in the United States ("US") through Radar and its service providers, and laws in the US may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you and End Users, regardless of whether provided by you or obtained from a third-party, is being provided to Radar in the US and will be hosted on US servers. We ensure that the recipient of your Personal Data offers an adequate level of protection, for instance by entering into the appropriate back-to-back agreements with standard contractual clauses or other transfer mechanisms as approved by the European Commission or relevant data protection authority.

Radar participates in and certifies compliance with the EU-US Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework and the Swiss-US Data Privacy Framework (together the "Data Privacy Framework"). Radar relies on these certifications as its primary transfer mechanisms for transfers of personal data from the EU, UK and Switzerland to the US. Radar adheres to the Data Privacy Framework principles for onward transfers of personal data to third parties and remains liable for damages caused by third parties under the Data Privacy Framework unless Radar did not cause the event giving rise to the damage. To learn more about the Data Privacy Framework and to view our certifications, please visit https://www.dataprivacyframework.gov/s/.

In certain situations, Radar may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. With respect to personal data received or transferred pursuant to the Data Privacy Framework, Radar is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Radar commits to resolve complaints about our collection or use of your personal information. Please contact Radar at privacy@radar.com with any inquiries or complaints.

Radar has further committed to refer unresolved privacy or data use complaints to TrustArc Inc., an alternative dispute resolution provider located in the United States. If we have not addressed your complaint to your satisfaction, please visit [https://feedback-form.truste.com/watchdog/request for more information or to file a complaint](https://feedback-form.truste.com/watchdog/request for more information or to file a complaint). The services of TrustArc Inc. are provided at no cost to you.

Under certain conditions, you may invoke binding arbitration for complaints regarding Data Privacy Framework compliance when other dispute resolution procedures have been exhausted. Please visit https://www.dataprivacyframework.gov/s/article/How-to-Submit-a-Complaint-Relating-to-a-Participating-Organization-s-Compliance-with-the-DPF-Principles-dpf for additional information.

8. Data Access and Retention

Generally speaking, we retain the SDK Information for as long as necessary to achieve our objectives as detailed in this Privacy Notice, and to comply with our legal obligations, resolve disputes, and enforce our Terms and other agreements.

You can contact us at privacy@radar.com if you have any other questions about access to, or correction or deletion of, your Personal Data or SDK Information.

California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Radar Labs, Inc., 841 Broadway, 7th Floor, New York, NY 10003.

9. Safety of Children

The Radar website and Services are not directed to individuals under the age of 16. We do not knowingly collect or solicit personal information from anyone under the age of 16. Please do not send any personal information about any children under the age of 16 to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at privacy@radar.com.

10. Data Security

We have administrative, technical, and physical safeguards in place in our physical facilities and in our computer systems, databases, and communications networks that are intended to protect information contained within our systems against unauthorized loss, misuse, or alteration. While we follow generally accepted standards to protect Personal Data, no method of electronic transmission or storage is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions.

11. Third-Party Websites and Applications

We are not responsible for the privacy practices or disclosures of our Clients or any other websites and applications that use our Services. Likewise, when you access the Radar Website, you may be directed to other websites that are also beyond our control. We encourage you to read the applicable privacy policies, notices and terms and conditions of such third parties and websites, and the industry tools that we have referenced in this Privacy Notice. This Privacy Notice, however, only applies to the Radar Website and Services.

12. EU Residents

If you are a resident of the European Union ("EU"), European Economic Area ("EEA"), or United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Data, as outlined below.

For this section, we use the terms "Personal Data" and "processing" as they are defined in the GDPR, but "Personal Data" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Company will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of this Privacy Notice, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at radar@gdpr-rep.com. For purposes of this section only, Personal Data shall be limited to Client Information.

What Personal Data Do We Collect From You? Please see the Section "Information We Collect From You" above for details of the Personal Data we collect.

Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data.

How Do We Use Your Personal Data? Please refer to the Section "With Whom We Share Your Personal Data" above for details on how we use and process your Personal Data.

How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally. We also may retain your information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please contact us at privacy@radar.com or, data subjects in the EEA or UK, at radar@gdpr-rep.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by going into your account and going into the account settings and preferences tab and adjust your preferences and see our Personal Data.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can correct some of this information directly by going into your account and going into the account settings and preferences tab and adjust your preferences and see our Personal Data.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Company's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

13. Contacting Us

If you have any questions regarding this Privacy Notice, or would like to request that we delete any SDK Information about you that is collected or stored through the Services, please contact us at privacy@radar.com.

We have also appointed an external data protection officer to contact directly for any questions or concerns about our personal data policies or practices. Please contact our data protection officer for the EEA and UK at dpo@radar.com or DP-Dock GmbH, Attn: Radar Labs, Inc., Ballindamm 39, 20095 Hamburg, Germany.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

14. Changes

We may make changes to this Privacy Notice in our sole discretion from time to time. When we do, we will revise the "last updated" date given below. It is your responsibility to review this Privacy Notice frequently and to remain informed of any changes. The then-current version of this Privacy Notice will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published to will constitute your acceptance of the revised Privacy Notice.

Last updated: 6 October 2023