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Privacy Policy

Effective: July 3, 2019

This Privacy Policy (the "Privacy Policy") serves to inform you of our policies and procedures regarding the collection, use and disclosure of the information we receive when you access and use all websites (the "Sites"), services, software, mobile applications, content, and all other products and services (all of the foregoing collectively, the "Services") owned, controlled or offered, directly or indirectly, by Punch List, Inc. or its affiliates ("Punch List", "we," "our" or "us"). Users, account holders, customers, visitors, and others who download, access, use and/or subscribe to the Services ("you") agree to the following Privacy Policy. The Privacy Policy is incorporated by reference into our Terms of Service, currently available at www.punchlist.com/termsofservice (the "Terms of Service"). By using the Services, you hereby warrant and represent that you have read, understand and agree to this Privacy Policy and the Terms of Service and that you are over 18 years of age. PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES IF YOU DO NOT AGREE TO THIS PRIVACY POLICY.

1. Information We Collect

Personal Information

"Personal Information" means data that allows someone to identify or contact you, including, for example, your name, address, geographic location of your computer or mobile device, telephone number, email address and credit card information, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. We may collect Personal Information from you when you (i) use our mobile apps or visit the Sites, (ii) register for Services or create an account or profile (an "Account"), (iii) access the Services through social networking sites or third party services, (iv) subscribe to newsletters; (v) purchase a product or Services on the Sites or in our mobile apps ("in-app purchase"); (vi) invite your friends to join the Services, "share" the Services social networking sites or perform other similar features; (vii) request technical support; and (viii) otherwise use our mobile apps or online Services where Personal Information is required for such use and/or participation. The Personal Information we collect will vary depending upon the Services you use and may include your name, email address, phone number, birth date, mobile phone number and credit card information.

We may use, depending on the Services, (i) location based on the IP address presented by you, and/or (ii) network-based geo-location data based on proximity of network towers or the location of Wi-Fi networks.

In this Privacy Policy, we refer to all information collected from or about you, including Personal Information and non-Personal Information, as "Your Information."

Automatically Collected Information

We will also collect certain pieces of information automatically and passively in order to provide the Services. In addition, we and other third parties use cookies and other technologies to passively collect non-Personal Information as described. The information collected typically includes browser, mobile device, such as model, device IDs or other device identifiers, operating system or platform type, IP Address (as defined below), devise language and time zone, network Media Access Control (MAC) address and connection, referring site, and access date and time. When you download and use the Services, information such as usage information, including without limitation username, app features or pages viewed, debug logs and other system activities will be tracked and communicated back to a centralized server. Punch List collects this data to best serve its users.

Cookies and Other Technologies

A "cookie" is a small text file that is stored on your browser or device by websites, apps, and online media that are used to remember your browser or device during and across website visits or sessions for purposes of functionality and preferences. Cookies do not enable anyone to access personally identifiable information that you have not already given us. We also use cookies to deliver content specific to your interest and to monitor Site or mobile app usage. Such practices are subject to the terms and privacy policies of such companies. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Services.

We and our service providers may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the Services and HTML-formatted email messages to, among other things, track the actions of users, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. Our third-party partners may use a "pixel tag" to collect anonymous information about your visits to the Sites and to other websites. This information is collected anonymously, in a manner that does not personally identify you.

IP Address

When you visit and interact with the Sites, we and/or third parties with whom we have contracted to provide services to us may collect your Internet Protocol Address ("IP Address"), which is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP Addresses to monitor the regions from which Users navigate the Sites and for fraud prevention purposes.

Do Not Track

If you disable cookies or active "do not track" signals or other mechanisms in your browser, you may lose some or all of the features and functionalities of the Services.

2. Use of Collected Information

Punch List believes that the privacy of its users is paramount and strives to use their data only in ways outlined in this Privacy Policy. By providing Your Information to us, you are expressly and voluntarily accepting the Terms of Service and freely accepting and agreeing to our processing of Your Information in ways set forth in this Privacy Policy. Supplying to us any information deemed "sensitive" by applicable law is entirely voluntary on your part. Most uses of the collected data are for internal purposes only.

When you submit information to us, it is collected, processed and maintained solely by us or by third party service providers who are bound by privacy restrictions at least as restrictive as those set forth in this Privacy Policy. Your Information is used and disclosed for, but is not limited to, the following purposes: (i) to provide the Services, including without limitation to collect and remit payment for paid features, (ii) to administer your use of the Services and any Accounts you may have with us, (iii) to personalize your experience, (iv) to provide to you Service announcements or inform you of new releases and features, (v) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials, (vi) to perform tasks on behalf of and according to instructions of a third party, such as payment processors or third-party service providers (vii) to enforce our Terms of Service, (viii) to resolve any disputes between users of the Site or between such users and us, and (ix) to contact you to obtain feedback from you regarding the Site and the Services. If you decide at any time that you no longer wish to receive such contact, announcements, information or offers, please follow the unsubscribe instructions provided in the communication.

We use non-Personal Information for the above purposes and in addition in order to (i) monitor and analyze use of the Services and for the technical administration of the Sites, (ii) improve the Sites and the Services, (iii) generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and (iv) verify that users of the Services meet the criteria required to process their requests.

Service Providers

Punch List may engage certain service providers for additional features, such as payment processing, hosting, providing analytics, and helping us deliver and develop the Services. Punch List will thoroughly examine the privacy policies of partners to ensure that its users’ data is safe and taken care of responsibly. Third parties will not be able to use your information in ways that are prohibited by this Privacy Policy. However, Punch List is not responsible for the privacy policies and/or practices of such third parties.

Analytics Information

We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, and other information that assists us in improving the Services. We may collect and use this analytics information together with your Personal Information and stitch together session data from unauthenticated user visits with authenticated user visits to build a broader profile of our individual users so that we can serve you better.

Corporate Transactions

Punch List may disclose certain information in the event that it is merged, acquired, sold, or some of its assets are acquired. Punch List will endeavor to ensure that the entity who receives your information treats it in accordance with this Privacy Policy.

Compliance with Law and Law Enforcement

We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to: (i) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce the Privacy Policy or the Terms of Service; (iii) respond to claims of a violation of the rights of third parties; (iv) respond to user comments or service inquiries; (v) protect the our rights, property, or safety and the rights, property and safety of the Services, our users or the public; or (vi) prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. However, Punch List will endeavor only to disclose information requested via a valid legal process, and will endeavor to notify any user about whom we have disclosed information if possible.

3. Links to Other Websites

We frequently make content or services from other websites available to you from links located on the Sites. We may present links in a format that enables us to keep track of whether these links have been followed. In addition, you may opt to link your Account to your social media account, such as Facebook and Twitter, in accordance with your Account settings (which you may change at any time) and respective policies of these third parties. This Privacy Policy applies only to the Sites and the Services. We do not exercise control over third party services or other websites that provide information, or over banners or links from within the Sites or the Services. Your interactions with these third party services are governed by the privacy policy of the company providing it. These other sites and services may place their own cookies or other files on your computer’s browser, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the Personal Information that you submit, and the collection and use of such information and access of any third party websites are subject to such third party’s privacy policy. We encourage you to read the privacy policies and other terms of such third parties before using their services.

4. Security

We understand the importance of privacy and security to our users and have made them a priority. Punch List uses a variety of industry-standard security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure and trains Punch List employees on privacy and security issues. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your Personal Information for improper purposes, and we do not promise that your Personal Information or private communications will be protected from unauthorized disclosure or use. Punch List is not responsible for the actions of those who obtain your content in this manner. Punch List cannot guarantee your safety and security and you should be aware that submitting any information and using the Services is done at your own risk. Please do not provide any privileged information on the Sites or when using the Services.

5. Children

We do not knowingly collect personal information from children under 13 years of age. Our Services are not directed to children under the age of 13 and children under 13 are not permitted to use the Services. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are a parent or guardian of a child under the age of 13, and you believe that your child has provided us with personal information, please contact us at support@punchlist.com.

6. Managing Your Privacy

We keep your data on your behalf and for your benefit. You can correct or delete your account information by following the instructions on the Services or by e-mail at support@punchlist.com. You may also email us to request for further assistance.

7. California Residents

California Civil Code Section 1798.83 requires certain businesses that share customer personal information with third parties for the third parties’ direct marketing purposes to respond to requests from California customers asking about the businesses’ practices related to such information-sharing. We currently do not share or disclose your Personal Information to third parties for the third parties’ direct marketing purposes. If we change our practices in the future, we will implement an opt-out policy as required under California laws.

8. Jurisdiction

All information passed through Punch List is primarily handled in the United States but may from time to time be handled in any country in which Punch List or its affiliate companies maintain facilities. By using the Services, you agree that the handling of your personal information and any communication through the Services will be governed by the laws of the United States and any applicable state laws.

9. Changes to the Privacy Policy

Our security and Privacy Policy are periodically reviewed and enhanced as necessary. This Privacy Policy might change as we update and expand the Services. We will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. We also encourage you to review this Privacy Policy periodically. If you do not understand any of the terms or conditions of any of our policies, you may inquire regarding the same via email at support@punchlist.com. Your continued use of the Services after any change in this Privacy Policy will constitute your acceptance of such change.

10. Contacting Us

If you have any concerns or questions about this Privacy Policy, please contact us at support@punchlist.com.

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