Terms and Conditions

13. GENERAL TERMS AND CONDITION

13.1 ASSIGNMENT BY US

Trancend may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

13.2 INDEMNITY BY YOU

You agree to defend, indemnify and hold Trancend and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Trancend reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Trancend defense of such claim.

13.3 WARRANTIES AND LIMITATIONS

(a) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.

(b) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.

(c) Nothing in this sections 13.3 or otherwise in these Terms shall exclude or in any way limit Trancend's liability for: fraud; death or personal injury caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law.

(d) The Products and their content are otherwise provided on an "as is" basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.

(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

13.4 NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

13.5 FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

13.6 INTERPRETATION

In these Terms, unless the context requires otherwise: i) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

13.7 ELECTRONIC COMMUNICATIONS

(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

(b) In order to retain a copy, please select "Print," and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.

(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at help@trancend.app

(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.

(e) To receive and view an electronic copy of the communications you must have the following equipment and software:

• (i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
• (ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.

(g) You can also contact us via email at help@trancend.app to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Products.

(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

13.8 NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to Trancend at help@trancend.app. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

13.9 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

13.10 THIRD PARTY RIGHTS

A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms.

13.11 OUR LIABILITY

(a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we will not be liable for:

• (i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
• (ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.
• (iii) Any use of websites linked to the Products but operated by third parties.

(b) To the extent permitted by law, Trancend and its affiliates, suppliers, clients, or licensors (collectively, the "Protected Entities") shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Products or the content, materials and functions related thereto, your provision of information via the Products, or lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Products. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Products exceed, in the aggregate, the amount, if any, paid by you to Trancend for your use of the Products.

13.12 ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH TRANCEND, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TRANCEND.

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Trancend are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Trancend. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Trancend for all monies previously disbursed by it that are otherwise your obligation to pay under 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 decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Trancend. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Trancend.

(d) Jury Trial Waiver. You and Trancend waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Trancend elect to have claims and disputes resolved by arbitration. In any litigation between you and Trancend over whether to vacate or enforce an arbitration award, you and Trancend waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND TRANCEND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Trancend are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.

(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Trancend can force the other to arbitrate. To opt-out, you must notify Trancend in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Trancend account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Trancend, Inc., ATTN: Arbitration Opt-out, 4803 N Milwaukee Ave B119, Chicago, IL 60630; ADR@trancend.app

(g) Small Claims Court. Notwithstanding the foregoing, either you or Trancend may bring an individual action in small claims court.

(h) Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.

(i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Trancend.

13.13 EXCLUSIVE VENUE

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Trancend agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the United States District Court for the Northern District of Illinois. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the Superior Court of Illinois, County of Los Angeles. You and Trancend consent to the personal jurisdiction of both courts.

13.14 CHOICE OF LAW

Except to the extent they are preempted by U.S. federal law, the laws of Illinois, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

13.15 SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

These Terms are effective and were last updated on January 31, 2020.

Trancend, Inc. is located at 4803 N Milwaukee Ave B119, Chicago, IL 60630.

Last update: 1/31/2020

Trancend, Inc. ("Trancend," "us," "we," or "our") is committed to protecting and respecting your privacy in connection with your use of our website, www.trancend.app (the "Website(s)"), applications ("Apps") and other products, services and features thereof (the Website, the Apps and such other products, services and features are collectively referred to herein as the "Product" or "Products", which may be updated from time-to-time at the sole discretion of Trancend). This privacy policy ("Privacy Policy") and any other documents referred to herein set forth the basis on which any personal data we collect from you, or that you provide to us, in connection with the Products will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will collect, use and disclose your personal data. 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 http://go.adr.org/privacyshield.html.

1. DATA WE MAY COLLECT

We may collect and process the following data about you: - Personal data including, for example, your name, e-mail address, password, and in certain instances, telephone number, data about your usage of the Products and data collected by tracking technologies as further described in section 4 below that may identify you as an individual or allow online contact with you as an individual.

• For individuals who participate in a Trancend Family plan, we may collect additional personal data, for example, home address in order to verify family member status.

• If, as a primary account holder of a Trancend Family plan, you choose to invite additional family members to become subsidiary account holders, we will ask you for their name and email address. We will use this data to invite him or her to join the Products. We store this data for the sole purpose of sending invitations and confirming family member status. If your subsidiary account holder(s) would like us to delete their data, they can do so by contacting the primary account holder of their family plan to be removed.

• Trancend does not collect or process credit or debit card ("Payment Card") data. Apple and Google collect Payment Card data with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card data with respect to purchases made through the Websites. Such payment processors generally provide us with some limited data related to you, such as a unique, anonymous token that enables you to make additional purchases using the data they've stored, and your card's type, expiration date, billing address, and the last four digits of your card number.

• For individuals using the Products in connection with a Community client account as described in section 6, business data such as your company name, and company email address to the extent that you or your Community provides such data.

• Facebook profile information, such as name, email address, and Facebook ID, if you choose to log in to the Products through Facebook.

• Device information such as operating system version, device type, and system performance data.

• Data collected via tracking technologies, as fully described in section 4.

• If you choose to invite a "Buddy" to use the Products using our Buddy system, we will ask you for their name and email address. We will use this data to invite him or her to join the Products. We store this data for the sole purpose of sending invitations and tracking the success of our Buddy program. If your Buddy would like us to delete his or her data, they can do so by opting-out as described in each invitation or by contacting us at help@trancend.app.

• If you choose to have your account verified to confirm your status as a student, we may allow a third party platform to access the specific personal data you provide in order to perform the verification. All the information you need to fill in the open text fields during account registration is mandatory. Any failure to complete that information or any response Trancend considers abnormal may result in Trancend refusing (or being unable) to process your request. You agree that the personal data you provide about yourself or subsidiary account holders or "Buddies" to Trancend will be current, accurate, complete and unequivocal.

2. CONFIDENTIALITY AND SECURITY

The security of your personal data is important to us. We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal data, you can contact us at help@trancend.app. Except as described under the "Disclosure of Your Data" section below, we do not provide your personal data to any third party without your specific consent, as defined by applicable law.

3. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS

If you sign up to receive promotional materials from us via email and/or (push notifications) we will use the data you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting "unsubscribe" at the bottom of such communication or by emailing us at help@trancend.app, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level.

If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Apps, you will receive such SMS message (the "SMS Service"). Standard text message rates will apply.

4. TRACKING TECHNOLOGIES

Trancend and our analytics partners use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you don't have to provide the same data several times during one task, to recognize that you may have already given a username and password so you don't need to do it for every web page requested, and to measure how people are using the Products.

We use local storage, such as HTML5, to store content data and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store data. Various browsers may offer their own management tools for removing HTML5.

We partner with third parties, such as Facebook and Google, to manage our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to our Website. Our third party partners may use technologies such as cookies to gather data about your activities within the Products to deliver such advertising to you, such as retargeting ads. We are not always able to respond to do-not-track signals. For more data about interest-based ads, including how to opt-out of having your web-browsing data used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account.

We use third party trackers to let us know when users have visited the Products by "clicking-through" our sponsored advertising or content hosted on third party platforms. The Products use Google Analytics code to gather statistical data. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more data on how Google Analytics processes this data, visit www.google.com/analytics.

We will acquire consent from you in order to use such trackers to the extent required by applicable law.

For more information on the types of cookies used by Trancend and your ability to restrict the behavior of cookies or disable them in your browser's settings, please refer to the Trancend Cookie Policy.

MOBILE ANALYTICS

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record data such as how often you engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the data we store within the analytics software to any personal data you submit within the mobile application.

LOG FILES

As true of most websites, we gather certain data and automatically and store it in log files. This data may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.

5. WHERE WE STORE YOUR PERSONAL DATA

All data you provide to us through the Products is stored on our secure servers located in the US. Any payment transactions will be encrypted using SSL technology; all payment data is stored with our payment processor and is never stored on Trancend's servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that your change your password frequently.

Unfortunately, the transmission of data via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Products; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

6. CORPORATE AND OTHER COMMUNITY SHARING

There is interest by large consumer communities (companies, universities, hospitals, government agencies, etc.) ("Communities") to introduce the Products to their employees and members. If you have registered to use the Products through a code or other registration credential furnished by a Community (a "Community Subscription"), the Community will have access to your email address, the date you registered to use the Products, and the date on which you last used the Products. The Community will also have access to your Community's aggregated and anonymized general usage data.

Your Community may also have access to your usage data on an individual basis, but only if you have provided appropriate consent under applicable law for such sharing. For example, many Communities are offering incentive programs based on members' participation in health and wellness programs, and desire to better understand how their employees are using the Products.

7. SINGLE SIGN-ON

You may be able to log-in to our Products using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal data (such as your name and email address) with us, and to pre-populate our sign-up form. Services like Facebook Connect give you to the option to post data about your activities on our Products or to your profile page to share with others within your network.

8. YOUR DATA RIGHTS

As you may know, a recent European Union law called the General Data Protection Regulation ("GDPR") give certain rights to applicable individuals in relation to their personal data. Accordingly, we have implemented transparency and access controls to help such users exercise those rights. As required under applicable law, the rights afforded to you are:

A right of access: you have the right to obtain (i) confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain (ii) access to such data and a copy thereof.

A right to rectification: you have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. Upon request, Trancend will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. However, this is not an absolute right and Trancend may have legal or legitimate grounds for keeping such data.

A right to restriction of processing: in some cases, you have the right to obtain restriction of the processing of your personal data.

A right to data portability: you have the right to receive the personal data concerning you which you have provided to Trancend, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from Trancend. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.

A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you when such processing is based on the legitimate interest of Trancend. Trancend may, however, invoke compelling legitimate grounds for continued processing. When your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of such data. You may, in particular, exercise that right by clicking on the "unsubscribe" link provided at the bottom of any messages received.

A right to lodge a complaint with the competent supervisory authority: you have the right to contact the supervisory authority to complain about Trancend's personal data protection practices.

A right to give instructions concerning the use of your data after your death: as required by applicable law, you may have the right to give Trancend instructions concerning the use of your personal data after your death. To exercise one or more of these rights, you can email help@trancend.app.

You may access your personal data to modify or update at any time via an online account, or by emailing help@trancend.app.

We will respond to your request in a reasonable timeframe in accordance with applicable law.

9. USES MADE OF THE DATA

We use information held about you in the following ways:

• To provide you with the Products.
• To answer your questions or requests for information or handle your complaints.
• To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.
• To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law.
• To carry out our obligations arising from any agreements entered into between you and us.
• To allow you to participate in interactive features of the Products, when you choose to do so.
• To notify you about updates or changes to Product features and content.
• To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state or country).
• To account for applicable sales taxes based on zip codes provided to our payment processors for purchases made through the Website.
• To inform your Community about your registration and use of the Products as described under Corporate and Other Community Sharing in section 6 above.
• To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent for such uses under applicable law.
• To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• To manage your payments and orders.
• If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you, except if you opt-out to such communications.
• If you choose to become a primary account holder of a Trancend Family plan, we may cross reference the address you've provided with that of any subsidiary account holder seeking to join your Trancend Family plan in order to verify the validity of the subsidiary account holder.
• If you choose to become a subsidiary account holder of a Trancend Family plan, we may cross reference the address you've provided with that of any primary account holder administering your Trancend Family plan in order to verify the validity of your subsidiary account

10. LEGAL BASES OF PERSONAL DATA PROCESSING

In accordance with GDPR, Trancend provides the following information regarding its Article 6 legal bases for personal data processing:

The performance of the contract (the Trancend Terms & Conditions) between you and Trancend for the data processing relating to your use of Trancend's Products (including your orders and payments);

Trancend's legitimate interest, more specifically:

• Our business interest in providing you with emails and push notifications for timely introductory materials and information about your Trancend account, our Product features and updates, and offers to upgrade your free account to a subscription account.
• Our financial interest in providing you with promotional offers and/or discounts with respect to paid subscriptions and special offerings, such as the Trancend Family Plan.
• Our business interest in offering you particularized or adapted content based on your usage of the Products.
• Our business interest in collecting data regarding your general usage activities for the purpose of improving our Trancend user experience.
• Our business interest in requesting that you partake in Product surveys in order to better understand your needs and expectations.
• Our financial interest in providing you the opportunity to purchase Trancend subscriptions for the benefit of a third party through the Trancend "gifting" program.
• Our business interest in providing you the opportunity to invite a "Buddy" to Trancend and share information about your Trancend activities with your connected "Buddies".
• Our business interest in providing you with customer service communications regarding your account, questions about our content offerings or your mindfulness practice, or any other matters directed to customer service staff, in order to have clear and easy communication with you and to respond to all your requests.
• Our business interest in collecting data related to unplanned downtime or errors in the Products.
• Our business interest in complying with our legal obligations, such as maintaining accurate financial records.
• Our business interest in verifying your eligibility in a Community and providing limited reporting to such Community, as further described in section 6.

11. DISCLOSURE OF YOUR DATA

We may disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We may also disclose your personal data to third parties as follows:

• In some circumstances, based on your specific requests, we may need to disclose your personal data to a third party so that it can provide a service you have requested from such party, or fulfill a request for data from such party. An example of this is the SMS Service.

• In some circumstances, we may disclose the personal data that you have provided to Trancend to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users' experiences by offering you integrated or complementary functionality, complementary services or bundled pricing options.

• If Trancend's service providers (like hosting, IT maintenance, market analytics, and payment service providers) require this data to provide services to Trancend. Trancend requires each of its service providers to agree to maintain the confidentiality and security of your personal data.

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

• If Trancend or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of Trancend, our customers, or others. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.

• With your Community, if your subscription is a Community Subscription, as described under Corporate and Other Community Sharing above.

• With third parties, such as Facebook, in order to serve Trancend advertisements on such third party platforms, to the extent that you have consented to such practices under applicable law.

• If you choose to have your account verified to confirm your status as a student, we may allow a third party platform to access the specific personal data you provide in order to perform the verification.

12. DATA RETENTION

The retention periods applied by Trancend comply with applicable legislation in effect on the date hereof, namely:

• For data relating to your account: such data will not be retained beyond your request that your account be deleted.

• For transactional data relating to your purchases: such data is kept for the entire period of the contractual relationship, then in accordance with legal obligations and applicable statute of limitation periods. Please note that this data does not include Payment Card information, which is processed by our third-party payment processors, and not Trancend.

• For data collected based on your consent to receive our marketing communications: we will use such data until you withdraw consent or applicable law requires that such data is no longer used.

• When your data are collected in the context of requests/queries: such data are kept for the period necessary to process and reply to such requests or queries.

• When cookies or other trackers are placed on your terminal, they are kept for a period of 12 months.

Other data will be kept as long as necessary for the purposes pursued and in compliance with our legal obligations, including the applicable statute of limitations.

13. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES

To the extent that you have provided appropriate consent under applicable law to certain processing activities, such consent can be withdrawn at any time by emailing [help@trancend.app](mailto:help@trancend.app "Help").

14. LINKS TO THIRD PARTY SITES

The Products may, from time to time, contain links to and from the Products of our partner networks, advertisers and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal data to these external websites.

15. SOCIAL MEDIA WIDGETS

Our Products include social media features, such as the Facebook Like button, and widgets, such as the "Share This" button, or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it.

16. HEALTHKIT

Apple iOS users may opt-in to allow the Products to provide data regarding the amount of minutes meditated to the Apple iOS "Health" application for display. This data will not be shared with third parties or used for marketing purposes.

17. USE OF Trancend BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account.

18. DATA POSTED ON FORUMS

Trancend users may have the ability to post content to one or more Trancend forums. All such users may request and obtain removal of such posted content by contacting Trancend at help@trancend.app and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the Trancend forum(s).

19. CHANGES TO OUR PRIVACY POLICY

We may update this Privacy Policy to reflect changes to our data practices. If we make any material changes we will notify you by in-Product message, email (sent to the e-mail address specified in your account) or by means of a notice in the Products prior to the change becoming effective. We encourage you to periodically review this page for the latest data on our privacy practices.

20. CONTACT AND EEA REGISTERED AGENT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to help@trancend.app.

Our registered agent within the European Economic Area is Tricor, which can be contacted at Tricor Suite, 4th Floor, 50 Mark Lane, London, EC3R 7QR.

Trancend's physical address is 4803 N Milwaukee Ave B119, Chicago, IL 60630.

21. TRANSMISSION TO OTHER COUNTRIES

The subsidiaries, service providers or other third parties listed above to whom Trancend may disclose your personal data may be domiciled abroad, and in particular outside the European Union.

In such case, Trancend will require them to take, in accordance with applicable legislation, all organizational and technical measures that permit ensuring an adequate level of protection of your personal data, such the use of Standard Contractual Clauses approved by the European Commission and/or ensuring certification with the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks.

Moreover, we participate in and have certified our compliance with the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks (https://www.privacyshield.gov/). Trancend is committed to subjecting all personal data received from European Union (EU) member countries and the United Kingdom, in reliance on the Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List. https://www.privacyshield.gov/list

Trancend is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequent transfers to a third party acting as an agent on its behalf. Trancend complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

For personal data covered by Privacy Shield, you have the ability to opt-out of whether such personal data is disclosed to a third-party (apart from service providers) or is to be used for a purpose that is materially different for the purpose for which it was originally collected or subsequently authorized. You can contact Trancend at help@trancend.app in order to make such choices.

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

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

CCPA ADDENDUM

Effective Date: January 31, 2020 Last Reviewed On: January 31, 2020

1. INFORMATION WE MAY COLLECT FROM YOU

Our Products collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information").

The specific types of personal information we collect are described more fully in section 1 of the Privacy Policy.

Personal information does not include: (1) deidentified or aggregated consumer information; (2) publicly available information from government records; or (3) information excluded from the CCPA's scope.

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete when registering for the Products. Indirectly from you. For example, from observing your actions on our Products. Directly from your Community, if you have a Community Subscription that is authenticated through the Community's use of eligibility files as described in section 6 of the Privacy Policy.

2. USE OF PERSONAL INFORMATION

We may use or disclose the personal information we collect for the purposes described in section 9 of the Privacy Policy.

3. SHARING PERSONAL INFORMATION

We may disclose your personal information to third parties for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not to use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category 1: Identifiers
• Category 2: Personal Information
• Category 3: Internet activity

Specific examples of such sharing activities can be found in sections 6 and 11 of the Privacy Policy.

4. YOUR RIGHTS AND CHOICES

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The categories of personal information we share with third parties.
• The specific pieces of personal information we collected about you (also called a data
• portability request).

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will permanently and irrevocably anonymize your personal information, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Emailing us at help@trancend.app

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

Upon receiving a request for access, portability, or deletion, we will confirm receipt of the request within 10 days and provide information about our verification process and how we will process the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response to the email address associated with the account for account holders, and to the email address provided with the request submission for non-account holders.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily readable and useable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

5. Cookie-Based Marketing Opt-Out

Like most companies, we partner with third parties, such as Facebook and Google, to manage our marketing of Trancend on other platforms, where such advertising is based on your past visits to our Products. These third party partners may use technologies, such as cookies, to gather information about your activities on the Products to deliver such advertising to you when you visit their platforms. For instance, if you visit www.trancend.app, a cookie may be attached to your browser in the form of the Facebook Pixel that allows Trancend to deliver advertising to you on the Facebook platform.

You can opt-out of the above-referenced cookie-based retargeting by visiting the Trancend Cookie Policy and clicking "opt-out of marketing / analytics cookies" at the bottom of the page. Doing so will erase all current marketing cookies and disable the placement of future marketing cookies.

We do NOT use cookies so that third parties can serve ads to you about their own products or services.

We do NOT sell or rent your personal information to any third parties for their own advertising or marketing purposes.

6. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

7. Changes to our CCPA Addendum

We reserve the right to amend this CCPA Addendum at our discretion and at any time. When we make changes to this CCPA Addendum, we will post the updated notice on the Website and update the effective date. Your continued use of our Products following the posting of changes constitutes your acceptance of such changes.

8. Contact Information

If you have any questions or comments about this CCPA Addendum, the ways in which we collect and use your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under Illinois law, please do not hesitate to contact us at:

• Email: help@trancend.app
• Postal Address: Trancend, Inc., Attn: Legal- 4803 N Milwaukee Ave B119, Chicago, IL 60630