In certain jurisdictions, the processing of your Personal Data (as defined below) is lawful only if it is permitted under data protection legislation. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:

• Consent. By using the Site, the Software, or otherwise submitting your Personal Data to us, you consent to our collection, use and sharing of your information as described in this Privacy Policy.
• Legal Obligation. We will process your Personal Data where the processing is necessary to comply with applicable law.
• Legitimate Interest. We will process your Personal Data based on Legitimate Interest, particularly where it is used for fraud prevention and business and support purposes.
• Contract. We may process your Personal Data where such processing is required in order to fulfill an agreement or contract with you.

When you access the Site, install the Software on your computer system, register for any associated products and/or services, or use the Software in any way, we may collect Personal Data and Anonymous Data from you. We may also collect Personal Data and Anonymous Data when you send us information or communications. “Personal Data” means data that allows someone to identify or contact you including, for example, and without limitation:

• your name;
• your Internet Protocol (IP) address;
• your Windows machine unique identifier;
• your physical address (address, state/province, ZIP/postal code, country);
• your electronic mail (email) address;
• your phone number;
• your account name;
• your geographic location or geolocation; and
• your credit card information.

Personal Data may be used for the purposes of recording the transaction when you access the Site, when you purchase a Software license, or when you use any of the Software or any associated products and/or services. Trova does not knowingly collect any sensitive personal data or any data defined under special categories of the applicable law(s).

We may also use Personal Data for the following purposes:

• to fulfill your requests for the Software and any associated product(s) and/or service(s);
• for use in internal business analytics;
• to prevent fraud;
• to send you information about the Software including any confirmations, invoices, purchase receipts, upcoming license renewals, technical notices, updates, security alerts, and support and administrative messages;
• to engage with third-party service providers so that you can access and use the Software and any associated product(s) and/or service(s);
• to respond to your communications with Trova;
• to communicate with you about products and services offered by Trova and its selected partners;
• to contact you to resolve problems that you may encounter with the Site, the Software, and any associated product(s) and/or service(s);
• to process and fulfill your purchase of a Software license, or your purchase of any associated product(s) and/or service(s);
• to fulfill your requests for the Software; and
• to periodically conduct product and market research regarding your use of the Software and any associated product(s) and/or service(s).

If and when we use a third-party payment processing merchant, third-party technical support provider, third-party technology provider, or third-party hosting provider, we ensure that the same privacy criteria, as defined herein with respect to Personal Data, are in place with such third parties.

“Anonymous Data” refers to data about you that is not associated with or linked to your Personal Data. Anonymous Data does not permit the identification of individual persons. If and when we use a third-party technical support provider or third-party hosting provider, we ensure that the same privacy criteria as defined herein with respect to Anonymous Data are in place with such merchant. We do not (knowingly) collect personal information from persons under the age of (18) eighteen.

To make the Site and the Software more useful to you, our servers (which may be hosted by a third-party service provider) may collect Anonymous Data from you such as web browser type, operating system type and version, domain name, Software version, Software usage and statistics, and/or a date/time stamp of your visit. We may use cookies and navigational data like Uniform Resource Locators (URL) and referring URLs to gather information regarding the date and time of your visit or the domain from which you downloaded the Software. We may use Anonymous Data for market research purposes and to improve our products and services, the Site and the Software.

We may share Anonymous Data with selected third parties and business partners, however, we will not share any Anonymous Data if such information is, contains, or will be linked to your Personal Data, unless we have given you notice, as described in this Privacy Policy, and you have given us authorization to do so. Trova will use Personal Data, including IP addresses, to identify users of the Site and the Software if and when we feel it is necessary to enforce compliance with the Site’s policies, or to protect our products and services, the Software, the Site, or other users of the Site and/or Software.

We reserve the right to send you notices of any updates to the Software, our Software End User License Agreement, and our Privacy Policy.

“Application Data” refers to data about how you use the Software. The Software may collect certain information from you including, but not limited to user IP addresses, geolocation, OS version, OS localization, version of the Software, localization of the Software, device, bug reports, etc. The Software obtains this information as a result of data being sent to our servers from our software “agent” embedded in the Software or on the website that you are accessing. The Software may collect certain Application Data from your computer(s) that may be deemed Personal Data under applicable law. Application Data we collect is primarily used to report application usage and statistics, improve the Software, and track the performance of various marketing initiatives. Application Data may also be used by us to answer questions that customers have about their use of the Software. We will only use Personal Data in accordance with this Privacy Policy. We will not use any Application Data that may be deemed as Personal Data for any other purposes unless you authorize such use with your affirmative consent.

We will never sell, trade, or rent any Personal Data, or any Anonymous Data that may contain Personal Data, to any third party without your consent and authorization.

In certain special cases, we may use, retain, or disclose your Personal Data when we have reason to believe that using, retaining, or disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to you, or otherwise injuring or interfering with our rights, property or operations, other Trova users, or anyone else who could be harmed by such activities. We may also use, retain, or disclose your Personal Data when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.

If we determine, in our sole discretion, that you have engaged in conduct which might be considered, unlawful, fraudulent, or which might harm or damage the reputation or standing of Trova with either the general public or with a business partner or potential business partner of Trova, we reserve the right to release your Personal Data to such persons or third parties as we consider necessary in order to prevent you from causing injury to, or otherwise injuring or interfering, now or in the future, with our rights, property or operations or otherwise the rights, property or operations of anyone else who could be harmed by such conduct.

We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you newsletters and emails that directly promote the use of the Site or the Software and any associated products and/or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings from us, you may continue to receive future mailings from third parties that you have requested to receive information from. If you do not wish to receive future communications from third-party providers, you should notify them directly of your choice regarding their use of your Personal Data. To opt-out of having future third-party marketing communications sent to you, you will be required to unsubscribe with the applicable third-party providers. Despite your request to no longer receive future newsletters or promotional and marketing communications from us, we reserve the right to continue to send you notices of any updates to the Software, the Software End User License Agreement, and this Privacy Policy.

This section applies if you are located in the European Union (EU) or European Economic Area (EEA). In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:

• Right of access and portability. The right to obtain access to and to receive your Personal Data.
• Right to rectification. The right to obtain rectification of your Personal Data without undue delay where that personal information is inaccurate or incomplete.
• Right to erasure. The right to obtain the erasure of your Personal Data without undue delay in certain circumstances, such as where the Personal Data is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Data in certain circumstances, such as where the accuracy of the Personal Data is contested by you, for a period enabling us to verify the accuracy of that Personal Data.
• Right to object. The right to object, on grounds relating to your particular situation, to the processing of your Personal Data, and to object to processing of your Personal Data for direct marketing purposes, to the extent it is related to such direct marketing.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy. You also have the right to lodge a complaint to your local data protection authority.

This section applies if you are a resident in the State of California. In accordance with the California Consumer Privacy Act (CCPA), you have certain rights with respect to the processing of your personal information. Under CCPA, you have a right to request that we provide you with the following:

• Categories of information. The categories and specific pieces of personal information we have collected about you.
• Categories of sources. The categories of sources from which we collect personal information.
• Purpose. The purposes for collecting, using, or selling personal information.
• Categories of third parties. The categories of third parties with which we share personal information.
• Business purpose. For companies that disclose personal information for business purposes, the categories of personal information disclosed about you for such business purposes.
• Selling of information. For companies that “sell” personal information, the categories of personal information that are being sold and the categories of third parties to which the personal information is being sold. Note that Trova does not “sell” personal information as defined by the CCPA.

You also have a right to request that we update or delete personal information under certain circumstances, subject to certain exceptions and requirements. If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.

A cookie is a small piece of text that is sent to your web browser by the Site. The cookie helps the Site remember information about your visit, which makes your next visit to the Site easier and the Site more useful to you. We also use cookies to count how many visitors we receive to a page on the Site. No personally identifiable information is collected or stored by Trova during this process. We may use your IP address to identify your general location for traffic monitoring purposes. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.

If you opt-out of having your information collected through cookies and other web technologies, your existing display advertising cookie(s) will be deleted and a new cookie will attempt to be placed that instructs third-party service providers not to track your future activities when that cookie is detected (a “do-not-track” cookie). If your browsers are configured to reject cookies when you visit our opt-out page, a “do-not-track” cookie cannot be set on your computer. Also, if you subsequently erase “do-not-track” cookies, use a different computer or change web browsers, you will need to opt-out again. We currently do not respond to browser "do-not-track" signals.

Third-party Links - The Site and the Software may contain links to other third-party owned and/or operated websites and, where you request information from third-party providers, Trova may transfer you directly to the websites of such third-party providers. Trova is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Trova has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such website. These third-party entities are independent third parties and are not affiliated with Trova.

Third-party Offers - Trova may provide its users with the opportunity to receive special offers, products and/or services from third parties. Where you indicate the desire to receive certain offers, products or services from a third party during the applicable information collection process, your Personal Data that was provided during that information collection process will be shared with the applicable third party so that such third party may provide their products and/or services to you so that you do not have to complete another information collection form to purchase or receive that product or service.

Third-party Cookies - Clicking on any third-party offers may add and place cookies on your computer prior to directing you to the applicable advertiser’s site. These third parties have separate cookie polices and Trova has no responsibility or liability relating to them. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.

Third-party Technology and Services - The Site or the Software may contain certain software technologies and services licensed from third-party providers. We may engage with certain third-party services and solutions providers such as data hosting service providers, traffic monitoring service providers, and advertising service providers. These third-party providers have separate privacy and data collection practices and policies, and Trova has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of the terms and conditions of any third-party privacy policies. These third-party entities are independent third parties and are not affiliated with Trova.

Trova may be using or sharing your Personal Data for Legitimate Interest purposes with third-party service providers, including without limitation:

• AlgoLift (Analytics/Optimization Services); https://www.algolift.com/privacy-services
• Bing Search (Content Services/Web/Internet Search Services); https://privacy.microsoft.com/en-us/PrivacyStatement
• Google Analytics (Traffic/Campaign Monitoring Services); https://policies.google.com/privacy
• Keen IO (Analytics Services); https://keen.io/privacy-policy/
• Mixpanel (Application Monitoring Services); https://www.algolift.com/privacy-services
• Some of the web search services provided herein are provided by CodeFuel and powered by CodeFuel’s search partners. For information on the web search services data collection, please visit http://www.codefuel.com/legal/end_user_privacy_policy, and the search provider's privacy policy, as applicable, both as updated from time to time and at any successor locations

Trova is committed to protecting the security of any Personal Data that is collected by us. We use a variety of industry-standard security technologies and procedures to help protect any Personal Data from unauthorized access, use, or disclosure. Despite these measures, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Trova cannot fully eliminate security risks associated with the collection and storage of any Personal Data, including without limitation, any mistakes and security breaches that may happen. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. In the unlikely event of a data breach where your Personal Data has been compromised, Trova will promptly notify you, the applicable authorities and supervisory authorities or data protection authorities.

If you are located in the EU/EEA and Trova is required to transfer your Personal Data in accordance with this Privacy Policy, we exert commercially reasonable efforts to ensure that any transfer of your Personal Data outside of the EU/EEA is protected under industry standard contractual clauses, and any subsequent data protection safeguards. Where EU Data Protection Law applies, Trova shall not process its collected Personal Data (nor permit its collected Personal Data to be processed) in a territory outside of the EU/EEA unless it has taken such measures as are necessary to ensure the transfer is in compliance with EU Data Protection Law. Such measures may include (without limitation) transferring its collected Personal Data to a recipient in a country that the European Commission has decided provides adequate protection for Personal Data, to a recipient that has achieved binding corporate rules authorization in accordance with EU Data Protection Law, or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission.

Any Personal Data that is collected and stored by Trova will be retained only for as long as required in order to provide certain products and/or services to you, or as required by applicable law. Any Personal Data that is no longer required by Trova will be destroyed.

We reserve the right, in our sole discretion, to change, modify, update and change this Privacy Policy at any time and without prior notice to you. Notice regarding any Privacy Policy changes will be placed in a prominent location on the Site or within the Software and will take effect immediately upon their posting on the Site or within the Software. Please check the Site periodically for any changes. Your continued use of the Site and/or the Software following the posting of changes to this Privacy Policy will constitute your acknowledgement and acceptance of any and all changes.

If you have any questions regarding this Privacy Policy, would like to review, update or remove your Personal Data, or would like more information on our data collection, usage, and privacy practices, you or your authorized agent can contact us at:

TROVA SOFTWARE
Box 185
327 - 911 Yates St.
Victoria, BC V8V 4Y9
(778) 679-1758
[email protected]