Privacy Policy

The ANTARA Group has created this Privacy Policy to record and explain our commitment to privacy, and as an agreement with our customers and with other third parties about our data-handling. This policy lists the types of potentially private data The ANTARA Group collects, explains how we use and protect that data, and discloses our key procedures surrounding privacy. This Privacy Policy applies to The ANTARA Group’s services (collectively, the “Service”) and to its website: www.The ANTARA
Group.com.

THIS PRIVACY POLICY IS A BINDING AGREEMENT BETWEEN YOU AND The ANTARA Group. Your use of the Service and of The ANTARA Group’s website is voluntary; if you do not agree with the terms of this Privacy Policy, you should not provide us with any personal information, and you should leave The ANTARA Group website. By using our website or the Service, you signify that you agree with the terms of this Privacy Policy and therefore a contract exists between you and The ANTARA Group, and you acknowledge you are bound by and will abide by the terms and conditions of this Privacy Policy. The ANTARA Group website is not intended for, or designed to attract, individuals under the age of 18 years old. We do not collect personally identifiable information from any person we actually know is an individual under the age of 18 years old. We may change this Privacy Policy from time to time by posting a new version here (with a new Effective Date at the top), and the new version will become effective immediately.

The privacy of The ANTARA Group’s customers and affiliates is important to us. Therefore:

• The ANTARA Group does not sell or rent personally identifiable information.
  
• The ANTARA Group does not spam, and its policies forbid use of the Service for spam.
• The ANTARA Group policy requires that all company employees sign a Confidentiality Agreement.

Data The ANTARA Group Collects

The ANTARA Group collects and uses data from our customers, and from visitors to our websites (including blogs), as follows:

• Visitor Number Tracking: The ANTARA Group tracks the number of visitors to The ANTARA Group’s website, as well as the pages they visit within the sites and the hyper-links they use (if any) to leave. This doesn’t involve collection
  of any personally identifiable information. We use this information to analyze interest in and usage of the website and the Service.
• Data Provided Through Inquiry Forms: Website visitors interested in the Service can fill out a sales inquiry form at the site. Those forms request company name, individual name, title, address, telephone number(s), and email address(es),
  as well as technical and business information related to the Service. The ANTARA Group uses this information to contact the potential customer and to discuss Service parameters. We also use the information to generate statistics regarding
  interest in the Service. We might share these statistics with third parties, but they don’t include any personally identifiable information.
• Customer Account Information: When customers sign up for the Service, and during their Service relationship, we collect some or all of the following: company name, individual name, title, address, telephone number(s), email address(es),
  credit card number, and choice of service package. We also record and retain most written communications with customers, including trouble tickets, support requests, and payment history. The ANTARA Group uses this information for customer
  support. We also use contact information to send customers Service-related announcements, including newsletters and notices of new Service features and related products and services provided by The ANTARA Group partners. Customers can opt
  out of new product/service notices by sending an email to marketing@theantaragroup.com, or by following the unsubscribe instructions at the bottom of any one of the email notices. (However, current customers may not opt out of necessary Service
  or account maintenance notices.) Finally, we generate statistical information regarding our customer-base and use it to analyze our business. We might share this statistical information with third parties, but it doesn’t include any personally
  identifiable information.
• Blog Replies: A customer, user, or visitor may respond to the various blogs provided through our website. If the author so chooses, the response may include personally identifiable information, and that information will be posted
  online along with the rest of the blog reply. In general, however, we do not recommend that blog replies include personally identifiable information.

Hosted Data

1. Through the website, The ANTARA Group provides various forms of Internet communications. As a result, our infrastructure stores and transmits information from the website and email, as well as information collected by those applications. We refer to all such information that we do not actively collect as “Hosted Data.” Hosted Data may include personally identifiable information and other information that belongs to our customers, website visitors, or other users.
2. The ANTARA Group is a passive recipient of Hosted Data: we take no active part in collecting it, and generally we do not access its content. However, The ANTARA Group staff may occasionally access Hosted Data through delivery of services and support of the website. For instance, staff may come into contact with Hosted Data by verifying back-up and restore processes by verifying that the website and email servicers are running properly, or through debugging efforts.

Use of Personally Identifiable Information and Hosted
Data

1. The ANTARA Group doesn’t share personally identifiable information or Hosted Data under any circumstances, except as provided in paragraph B below and except: (1) to the extent that blog, comment or podcast replies include personally identifiable information; (2) as requested by law enforcement agencies or required by law; (3) to maintain the security of the Service and of The ANTARA Group’s own network and data, including by assisting third party claimants in investigating security breaches; (4) to collect money owed to The ANTARA Group, including through legal proceedings; and (5) to identify, contact, or take legal action against customers or third parties violating The ANTARA Group’s Acceptable Use Policy, interfering with property rights or with the Service, or breaking the law. The ANTARA Group doesn’t access or use Hosted Data except through provision of debugging and related services, as described under “Hosted Data” above, and for the reasons listed in the preceding sentence.
2. The ANTARA Group sometimes employs independent contractors to help run the Service, and such contractors may have access to data, similar to the access we give our employees. Also, The ANTARA Group may store sales account data, including customer passwords and personally identifiable information, with a third party application service provider. This third-party data storage does not apply to Hosted Data.

Cookies

Some of our web pages utilize “cookies” which are small text files placed on your computer’s hard drive that are read by the server that placed them, are unable to execute any code or virus and cannot take any additional information from your hard drive.
These cookies allow the site to recognize you when you revisit the site, and are able to remember certain information about you, such as your preferences in the site and the type of content you find of interest so that we can better serve you
with more tailored information when you return to our site. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. The information we collect and analyze is used to improve
our service to you and personalize your web-browsing experience.

Data Protection

1. The ANTARA Group takes precautions to ensure that access to databases containing customer information is available only from within The ANTARA Group’s internal network or through our sales application service. Further, we typically encrypt financial information during transmission, or use secure protocols. No protocol, encryption, or other precaution can provide complete security for electronic data, so we don’t provide a guarantee of security.
2. The ANTARA Group policy requires that all its employees execute a confidentiality agreement which includes the affirmation quoted above. Most contractors also sign a confidentiality agreement, with obligations similar to the employees’. (Customers and other third parties are not beneficiaries of the employee confidentiality agreement, or of The ANTARA Group’s agreements with independent contractors, and so have no rights to enforce those contracts.)

Intellectual Property and Permitted Use

All information and content on the site is protected by copyright, trademark, service mark, patent or other proprietary rights or laws, unless otherwise denoted. Without The ANTARA Group’s or the appropriate content provider’s permission, download, copy, modify, reproduce, display, or prepare derivative works based upon the content of the site is expressly prohibited. Any reproduction, except for your personal, non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the content from the site without the express written permission of The ANTARA Group or the content provider is expressly prohibited. You may not copy, post, or upload any of The ANTARA Group content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the site and/or any Content thereon, to any other website or location. You understand and agree that the content and information available on the site may contain valuable proprietary rights and that the unauthorized, unlicensed or prohibited disclosure, distribution, copying or use of any kind of this content and information (“Unauthorized Use”) could result in substantial and irreparable harm to The ANTARA Group. Any Unauthorized Use by you shall be deemed an infringement of the rights of The ANTARA Group and shall constitute damage to The ANTARA Group, including, but not limited to its reputation and good will. You agree to be fully responsible for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including, but not limited to civil liability and/or criminal prosecution. Notwithstanding any and all other remedies, you agree that The ANTARA Group shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you.

You expressly acknowledge The ANTARA Group’s proprietary rights, including any and all copyrights and trademarks, in the site (“The ANTARA Group’s Proprietary Rights”). The ANTARA Group’s Proprietary Rights include the structure, sequence, organization and look and feel of the site and/or the content, as well as the selection, arrangement and display of facts within the content. You agree not to infringe the applicable copyrights or trademarks, if any, protecting The ANTARA Group’s Proprietary Rights. You expressly agree to indemnify The ANTARA Group for any and all costs and expenses (including reasonable attorneys’ fees) related to any legal proceedings brought by or against you with respect to The ANTARA Group’s Proprietary Rights. All rights not expressly granted herein are reserved.

Reporting Misuse of Data

Customers and other third parties should contact The ANTARA Group about any suspected misuse of their personally identifiable information or other data. All such inquiries or complaints should be directed to us via email to abuse@theantaragroup.com.

Not Applicable to Third Party Data Handlers

This Privacy Policy doesn’t address use of data by our customers or by other third parties, even if the data is stored on one of The ANTARA Group’s computers or collected through a website we host (Hosted Data), or collected through a website linked to our website. The ANTARA Group is not responsible for use or misuse of data by any third party, including any The ANTARA Group customer or the operator of a website linked to one of our websites.

Notice to European Users

The following applies to individuals in the European Economic Area or the United Kingdom.

Controller. The ANTARA Group is the controller of your personal information covered by this Privacy Policy for purposes of European and UK data protection legislation.

Legal bases for processing. Our legal basis for processing the personal information described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. We process your personal information based on:

• Necessity to perform a contract or in order to take steps at the request of the data subject prior to entering into a contract: we process certain personal information, such as what is described in Contact Details, Correspondence and Event information, in connection with transactions or the sale of our products and services to our customers and performing our contractual obligations;
• Legitimate Interest: we process certain personal information such as Event Information, Correspondence, Contact Details and Product Interests for our legitimate interest such as to market our products and services, or develop and improve our products and services, or in connection with a business transfer. We rely on our legitimate interests except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data; and
• Consent: we may process certain personal information based on your consent. If we rely on consent, we will only process the personal information in accordance with the consent. In addition, you can withdraw you consent at any time by contacting us at compliance@theantaragroup.com. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

If you have questions about the legal basis of how we process your personal information, contact us at compliance@theantaragroup.com.

Retention

We retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested; to comply with applicable legal, tax or accounting requirements; to establish or defend legal claims; or for fraud prevention). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your rights

European and UK data protection laws give you certain rights regarding your personal information (for this purpose, we follow the definition of personal data in the European and UK data protection laws). You may ask us to take the following actions inrelation to your personal information that we hold:

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct. Update or correct inaccuracies in your personal information.
• Delete. Delete your personal information.
• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict. Restrict the processing of your personal information in certain circumstances.
• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to compliance@theantaragroup.com. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may email us at compliance@theantaragroup.comor submit a complaint to the data protection regulator in your jurisdiction.

Cross-Border Data Transfer

If we transfer your personal information from the European Economic Area or the United Kingdom to a country outside of it and are required to apply additional safeguards to your personal information under European or UK data protection legislation, we will do so, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission or the UK Information Commissioner’s Office. Please email us at compliance@theantaragroup.com for further information about any such transfers and the safeguards applied.

Notice to California Users

The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with specific rights regarding their personal information. In addition to our Privacy Policy, the following further describes your CCPA rights and explains how to exercise those rights. This notice applies to personal information collected through our Sites and Service, as well as any collection of personal information offline at our facilities.

Managing Your Data:

• We do not sell your personal information.
• We may collect, process, store and disclose your personal information for a disclosed business purpose such as recruitment or investor relations. If consent is required for us to process your personal information, you may withdraw or modify such consent at any time by contacting us compliance@theantaragroup.com.
• In the preceding twelve (12) months, we have collected the following categories of personal information for a business purpose as described in section entitled How We Use Your Personal Information:
  • Contact information that includes identifiers such as your first and last name, business entity name, address, e-mail address, and telephone number.
  • Professional or employment-related information if you have contacted us about a job offering posted on our Sites.
  • The source of this information is you or a person from your company that provided us this contact information.
  • We shared this information with affiliates and service providers as detailed in the section entitled How We Share Your Personal Information.
• When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any other purpose.
• 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 request, we may 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 or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
• Delete your personal information that we hold, unless we are legally required or permitted to retain it.

Please contact us via email at compliancel@theantaragroup.com for more information or to exercise a request regarding your California data rights.

As a California resident, you have the right to designate an agent to exercise these rights on your behalf. We may require proof that you have designated the authorized agent to act on your behalf and to verify your identity directly with us. Please contact us at compliance@theantaragroup.comfor more information if you wish to submit a request through an authorized agent.

You have a right not to receive discriminatory treatment by us for the exercise of the privacy rights conferred by the CCPA. We hereby inform you that if you exercise any of your rights under the CCPA we may not deny you goods or services for that reason, or subject you to different prices than those paid by other consumers, except to the permitted under the CCPA.

Disclaimer of Warranties

The ANTARA Group does not warrant or make any representations regarding the operation of the site, the use, validity, or the results of the use of the information or content on the site, the products or services obtained through this site or any other websites linked to the site, or any transactions entered into through the site and hereby disclaims all warranties. You use any and all content at your own risk. The ANTARA Group is not responsible for any errors or omissions, infection, corruption, viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties, or for the results obtained from the use of any information and/or content provided on the site.

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING THE ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF THE COMPANY HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION AN INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSE AND UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDNG NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE COMPANY’S SERVICE, USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT OR OTHER GOODS OR SERVICES PROVIDED, LICENSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE LOSS OF ANTICIPATED PROFITS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.

Governing Law

This Privacy Policy shall be governed by and construed under the laws of the State of California without reference to conflict of law principles and is deemed entered into in San Diego Country, California. All disputes arising out of or related to this Privacy Policy, the Services or site shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

Entire Agreement

This is the entire agreement between the parties relating to the subject matter hereof. The waiver or breach of any term hereof shall in no way be construed as a waiver of any other term or breach thereof. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement shall remain in full force and effect.