VOEDX Privacy Policy

VOEDX Marketplace, LLC ("we," "our," or "us") is committed to protecting the privacy of personal information we collect. This Privacy Policy describes how we collect, use and disclose personal information collected from Authorized Users of the VOEDX Utility (the "Utility"). This Privacy Policy also describes how we collect, use and disclose personal information collected from visitors to our website located at www.voedx.com (the “Site”) (for example, website visitors who request that we provide them with additional information about the Utility). Capitalized terms used and not otherwise defined in this Privacy Policy have the meanings assigned to such terms in the VOEDX Authorized User Terms and Conditions pertaining to the Utility (the “Terms and Conditions”).

1. Scope of This Privacy Policy

This Privacy Policy applies to personal information that we collect from Authorized Users of the Utility, other than Subject Data and Subject Related Data. “Subject Data” and “Subject Related Data” have the meanings given in the Terms and Conditions. In general, the verification of employment data and any other category of data VOEDX approves (including background check information) that Authorized Users buy and sell using the Utility is Subject Data, and the identifying information about the individuals to whom that data relates (such as name, date of birth, social security number or other identifying information pertaining to the individual who is the subject of the Subject Data) is Subject Related Data. As set forth in the Terms and Conditions, the processing of Subject Data and Subject Related Data is governed by the terms of the VOEDX Data Processing Addendum, and not this Privacy Policy.

This Privacy Policy also applies to personal information that we collect from individual visitors to the Site.

As set forth in the Terms and Conditions, only entities (such as corporations and limited liability companies) that are “consumer reporting agencies” or “furnishers” of information under the Fair Credit Reporting Act, through their Designated Representatives and Designated Users, may use the Utility.

Individuals whose personal information is included in Subject Data or Subject Related Data should contact the Authorized User (consumer reporting agency or furnisher) that collected their information to exercise privacy rights or obtain information about privacy practices relating to that data. VOEDX acts only as a service provider/processor with respect to Subject Data and Subject Related Data and processes such data only on behalf of and at the direction of Authorized Users pursuant to a Data Processing Addendum between VOEDX and such Authorized Users.

This Privacy Policy does not apply to third-party websites, services, or applications, including payment processors we use to process transactions and external links that may appear on the Site. We encourage you to review the privacy policies of any third-party services before providing them with your information. We are not responsible for the privacy practices of third parties.

2. Information We Collect

We may collect the following types of information from Authorized Users (other than Subject Data and Subject Related Data):

•Account Information provided by Authorized Users, including entity name, address, email address, phone number and other contact details, state of formation, EIN and other similar information, along with the names of the Designated Representatives and Designated Users appointed by the Authorized User;

•Payment Information provided by Authorized Users, including credit card information, ACH information, or other payment information. We use third-party payment processors (such as Stripe) to handle payment transactions. Your payment information is processed by these payment service providers in accordance with their own privacy policies and security standards. We do not store complete credit card numbers on our servers;

•Transaction Information pertaining to Transactions completed by Authorized Users using the Utility, including the types of Subject Data purchased and sold, counterparties to Transactions, and the Subject Data Payment Amounts; and

•Business Contact Data provided by Authorized Users pertaining to the Designated Representatives and Designated Users appointed by Authorized Users and other Authorized User personnel who interact with VOEDX.

We may collect the following types of personal information from visitors to the Site:

•Information that visitors to the Site choose to provide to us (for example, email address and other contact information from visitors who choose to submit information through a contact form, request a demo, download materials, subscribe to updates, or otherwise interact with us).

We may also collect automatically the following types of information relating to Authorized Users’ use of the Utility and visitors use of the Site:

•Log data, such as IP address, device information, and browser type; and

•Usage data regarding interactions with the Utility or the Site, such as pages viewed.

3. Cookies and Tracking Technology

We use cookies and similar technologies to:

•Maintain your login session;

•Allow the Utility and the Site to function; and

•Ensure security and prevent fraud.

Types of cookies we use:

•Essential cookies: required for the Utility and the Site to function. These are always active.

Analytics cookies: On the Site, we use Microsoft Clarity, an analytics service provided by Microsoft Corporation, to help us understand how the Site is used. Microsoft Clarity uses cookies and similar technologies to collect information about how visitors interact with the Site, such as pages viewed, clicks, scrolling and mouse movements, and may record sessions of that activity. Microsoft Clarity runs only if you consent through the analytics banner on the Site, and you can withdraw consent at any time using the "Allow usage analytics" setting in the Site footer or through your browser settings. Microsoft processes this information in accordance with the Microsoft Privacy Statement. We do not use analytics cookies in the Utility.

Your Choices: You can control cookies through your browser settings. Note that disabling certain cookies may limit functionality of the Utility or Site.

Do Not Track Signals: We do not currently respond to "Do Not Track" browser signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about their online activities over time and across third-party websites or online services.

4. How We Use Information

We use information collected from Authorized Users of the Utility and personal information collected from visitors of the Site:

•To allow Authorized Users to become Authorized Users and open Authorized User Accounts;

•To allow Authorized Users that are Sellers to sell and deliver Subject Data using the Utility

•To allow Authorized Users that are Buyers to purchase and pay for Subject Data using the Utility;

•To allow us to calculate and bill Authorized Users for Utility Transaction Fees and Preexisting Bilateral Agreement Transaction Fees pertaining to Transactions Authorized Users complete using the Utility;

•To facilitate communication between Authorized Users that are Buyers and Authorized Users that are Sellers with respect to Subject Data that they have purchased from and sold to each other;

•To communicate with Authorized Users about their use of the Utility, including to respond to and address technical issues, support requests, billing inquiries and other service issues pertaining to Authorized Users’ use of the Utility;

•To otherwise allow us to provide the Utility and its functionality to Authorized Users in the manner described in our Terms and Conditions;

•To enforce obligations arising under the Terms and Conditions;

•To respond to inquiries and fulfill requests from visitors to the Site, such as to provide information about the Utility;

•To detect, prevent, or investigate security incidents, fraud, or misuse of the Utility and the Site;

•To prepare aggregated statistics, benchmarks and reports, and to develop and improve the Utility and our other products and services, using aggregated or deidentified information; and

•To comply with applicable legal and regulatory obligations and protect our legal rights.

Legal Basis for Processing (GDPR): Where the General Data Protection Regulation (GDPR) applies to the collection of personal information of individuals located in the European Economic Area, we process personal information based on the following legal bases: (a) performance of a contract with you (to provide the Utility and Site services); (b) compliance with legal obligations; (c) your consent (for cookies and communications where required); and (d) our legitimate interests (to improve our services, prevent fraud, and protect our systems), provided such interests are not overridden by your rights and freedoms.

5. Sharing of Information

We may share information as follows:

•We share Transaction Information with other Authorized Users for the purpose of allowing Authorized Users to complete Transactions they initiate and consummate using the Utility;

•We make aggregated performance information about an Authorized User’s activity on the Utility (such as response rates and turnaround times) available to other Authorized Users to help them select counterparties, as described in our Terms and Conditions;

•We share, subject to applicable confidentiality restrictions, personal information with affiliated and third-party service providers who provide hosting, billing and other essential business services to us in connection with our provision of the Utility and/or the Site;

•We may share personal information with applicable legal or regulatory authorities when required by applicable legal or regulatory requirements or to protect our legal rights; and

•We may share, subject to applicable non-disclosure agreements, personal information in connection with a sale or potential sale of our business or a financing (such as in connection with a due diligence review associated with, or the consummation of, a merger or acquisition transaction).

We do not "sell" or "share" personal information as those terms are defined under California privacy laws. Specifically:

•We do not sell personal information to third parties for monetary or other valuable consideration;

•We do not share personal information with third parties for cross-context behavioral advertising;

•When we share Transaction Information with other Authorized Users to facilitate transactions they initiate and consummate using the Utility, we do so as necessary to provide the services requested, not for cross-context behavioral advertising purposes; and

•We do not sell or share personal information for marketing purposes.

6. Data Retention

We retain information that we collect for as long as reasonably necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. When information is no longer needed, we securely delete or anonymize it. Where we deidentify information, we take reasonable measures to ensure that it cannot be associated with an individual or household, we maintain and use it only in deidentified form, we do not attempt to reidentify it except as permitted by law, and we contractually require any recipient to do the same.

7. Security Measures

We implement technical and organizational security measures to protect information, including:

•Encryption of data in transit and at rest;

•Access controls and authentication requirements;

•Security monitoring and incident response procedures; and

•Employee training on data security and privacy.

While we use reasonable efforts to protect information we collect no security system is impenetrable. If we experience a data security incident that affects your personal information, we will notify you as required by applicable law.

8. Data Subject Rights

Individuals in California and certain other states and jurisdictions have certain rights regarding their personal information, including:

•Right to Know: You may request information about the personal information we have collected from you, including the categories of information, sources, purposes, and third parties with whom we share it.

•Right to Access: You may request a copy of the specific pieces of personal information we have collected from you.

•Right to Correct: You may request that we correct inaccurate personal information we have collected from you.

•Right to Delete: You may request that we delete personal information we have collected from you, subject to certain exceptions.

•Right to Opt-Out: You may opt-out of the sale or sharing of personal information we have collected from you. While we do not currently sell or share personal information we have collected from you, you may submit a request if you believe we have done so.

•Right to Limit Use of Sensitive Personal Information: You may request that we limit our use of sensitive personal information we have collected from you to purposes permitted by law.

•Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising any of these privacy rights.

How to Submit a Request: To exercise any of these rights, you may:

Email us at: privacy@voedx.com; or

Mail us at: VOEDX Marketplace, LLC, 4 May Hill Lane, Dix Hills, NY 11746.

Verification Process: To protect your privacy and security, we will verify your identity before processing your request. We may ask you to: provide information that matches information we have on file; confirm details about your information; and/or provide additional documentation if necessary. For deletion requests and requests for specific pieces of information, we may require a higher level of verification.

Authorized Agents: You may designate an authorized agent to submit requests on your behalf. We will require: (i) written permission from you authorizing the agent to act on your behalf, or (ii) proof of power of attorney. We may also require you to verify your identity directly with us and confirm that you provided the authorized agent permission to submit the request.

Response Timeframes: We will generally respond to verifiable requests from individuals within 45 days of receipt (with the possibility of a 45-day extension if reasonably necessary). We will inform you if we need additional time and explain the reason for the extension.

Appeals: If we deny your request in whole or in part, you may appeal our decision by contacting us using the methods above and referencing your original request. We will generally respond to your appeal within 60 days. If we deny your appeal, we will provide information about how to contact your state attorney general to submit a complaint.

Additional Rights for EU Residents: If you are an individual located in the European Economic Area (EEA), United Kingdom, or Switzerland, you may also have the following rights under GDPR:

•Right to Object: You may object to processing your personal data based on legitimate interests or for direct marketing purposes.

•Right to Restrict Processing: You may request that we restrict processing of your personal data in certain circumstances.

•Right to Data Portability: You may request a copy of your personal data in a structured, commonly used, machine-readable format.

•Right to Withdraw Consent: Where we process your personal data based on consent, you may withdraw that consent at any time.

•Right to Lodge a Complaint: You have the right to lodge a complaint with your local data protection authority.

9. Children's Privacy

As set forth in the Terms and Conditions, only entities (such as corporations and limited liability companies) that are “consumer reporting agencies” or “furnishers” of information under the Fair Credit Reporting Act, through their Designated Representatives and Designated Users, may use the Utility, and Designated Representatives and Designated Users must be 18 years of age or older. Persons under the age of 18 years of age are explicitly prohibited from using the Utility.

Use of the Site is not directed to children or anyone under the age of 18 years.

We do not knowingly collect personal information from children.

10. Additional Information for California Residents

This section provides additional disclosures required under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA).

A. Categories of Personal Information We Collect: We collect the following categories of personal information as defined under California law:

•Identifiers (such as name, email address, IP address, device identifiers);

•Commercial information (such as transaction data and payment information, if applicable);

•Internet or network activity information (such as browsing history on our Site, usage data, log data); and

•Professional or employment-related information (such as business contact information for Designated Representatives and Designated Users).

B. Categories of Sources: We collect personal information from the following categories of sources:

•Directly from you (such as when you submit information through the Site); and

•Automatically from your devices (such as when you visit the Site);

•From your authorized representatives (if applicable).

C. Business or Commercial Purposes for Collection: We collect and use personal information for the following business or commercial purposes:

•Providing our services and our website;

•Processing transactions and payments;

•Communicating with users of our services and website visitors;

•Improving and developing our services;

•Security and fraud prevention;

•Compliance with legal obligations; and

•As otherwise described in Section 4 of this Privacy Policy.

D. Categories of Third Parties to Whom We Disclose Information: We may disclose personal information to the following categories of third parties:

•Service providers (who perform business functions on our behalf, such as hosting and payment processing);

•Legal and regulatory authorities (when required by law);

•Professional advisors (such as lawyers and accountants);

•Potential business transaction partners (in connection with mergers, acquisitions, or sales of our business); and

•As otherwise described in Section 4 of this Privacy Policy.

E. Sale or Sharing of Personal Information: We do not "sell" or "share" personal information collected from consumers as those terms are defined under California law. We have not sold or shared personal information collected from consumers in the preceding 12 months. Please note that the processing of Subject Data and Subject Related Data provided by Authorized Users is governed by the terms of our Data Processing Addendum with such Authorized Users, and not the terms of this Privacy Policy.

F. Sensitive Personal Information: We may collect the following categories of sensitive personal information:

•Account login credentials.

We use and disclose sensitive personal information only for purposes permitted under California law, including to provide the services you request and to ensure security and integrity.

G. Retention of Personal Information: We retain personal information based on the following criteria:

•Business Need: We retain information as long as necessary to provide our services and the Site, fulfill transactions, and maintain business records.

•Legal and Regulatory Requirements: We retain information as required by applicable laws, including financial recordkeeping, tax, and regulatory obligations (which may require retention for up to 7 years or longer).

•Dispute Resolution: We may retain information necessary to resolve disputes, enforce our agreements, and protect our legal rights.

•Individual Requests: We will delete information we collect from individuals upon verified requests, subject to legal and regulatory retention requirements.

Generally, we retain active account and transaction data for the duration of your relationship with us and for several years thereafter to comply with legal obligations, and visitor information for a reasonable period to fulfill the purposes for which it was collected. When personal information is no longer needed and we are not legally required to retain it, we securely delete or anonymize it.

Please note that the retention policy for Subject Data and Subject Related Data provided by Authorized Users is governed by the terms of our Data Processing Addendum with such Authorized Users, and not the terms of this Privacy Policy.

11. International Data Transfers

We primarily store and process personal information in the United States. If you access the Utility or the Site from the European Economic Area (EEA), United Kingdom, or Switzerland, please be aware that your information will be transferred to, stored, and processed in the United States and other countries where our service providers operate. The United States and other countries may not have the same data protection laws as your jurisdiction.

We implement appropriate technical and organizational security measures to protect personal information as described in this Privacy Policy. Our service providers are required to implement appropriate safeguards for the protection of personal information.

Please note that our processing of Subject Data and Subject Related Data (as defined in Section 1 above) provided to us by Authorized Users that pertains to data subjects located in the European Economic Area (EEA), United Kingdom or Switzerland is governed by the terms of our Data Processing Addendum, rather than this Privacy Policy.

Personal Information Disclosure: United States or Overseas

We process and store Subject Data and Subject Related Data (as defined in Section 1 above), including personal information about California consumers, in the United States. We do not send such personal information to third parties (including our contractors, affiliates and employees) outside the United States or its territories, except as permitted under Section 4.12 of our Data Processing Addendum.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will post an updated copy of the Privacy Policy on the Site. We will also update the Last Updated date appearing at the top of this Privacy Policy.

13. Contact Us

If you have any questions about this Privacy Policy, please contact us by mail at VOEDX Marketplace, LLC, 4 May Hill Lane, Dix Hills, NY 11746 or by email at privacy@voedx.com.

For EU-specific privacy inquiries, you may also contact us at the email address above.