BIRDSEYE GLOBAL INC.("Company",“us”,“our” and“we”) thanks you for your interest in ourdashboard application, BirdsAI Marketing™ (the “App”), and the products,services, features and content that we may offer from time to time(collectively, the“Services”).

We value the privacy of individuals who visitand/or use the Services (individually, “you” or collectively, “Users”). We takeyour privacy seriously and make it a priority to protect personal informationthat we obtain from and about our Users.

This privacy policy (this “Privacy Policy”)describes:

  1. what personal information we collect from     you;
  2. how and why we use your personal     information;
  3. to whom your personal information may be     disclosed;
  4. how we protect your personal information;
  5. updating, accessing, deleting and     retaining your personal information, and
  6. providing or withdrawing your consent to     our collection, use or disclosure of your personal information.

By purchasing, downloading, installing, accessing,or using the App and/or the Services you expressly consent to the informationhandling practices described in this Privacy Policy. If you do not want yourpersonal information to be used in the manner set forth in this Privacy Policy,you may not use the Services.

Our collection and use of information thatidentifies individuals, or by which an individual’s identity could, alone or incombination with other information, be deduced (such as an individual’s name,telephone number, and e-mail address) (“Personal Information”) is subject tothe terms of this Privacy Policy. Personal information does not includeinformation that would enable an individual to be contacted at a place ofbusiness, for example an employee’s name, position or title, business telephonenumber, or business address. This Privacy Policy applies only to information wecollect in this App, in email, text, and other electronic communications sentthrough or provided in connection with this App. Non-Personal Informationincludes information that does not directly or indirectly reveal a personalidentity or directly relate to an identified individual, demographicinformation, or statistical or aggregated information. We may derivenon-personal statistical or aggregated data from personal information andretain such non-Personal Information or data on our servers indefinitely. Wereserve the right to use such anonymous and de-identified data for anylegitimate business purpose, including without limitation, to providebenchmarking reports and business intelligence analytics to third parties.

Please read this Privacy Policy carefully tounderstand our policies and practices for collecting, processing, and storinginformation. If you do not agree with our policies and practices, do notdownload, register with, or use this App. By downloading, registering with, orusing this App, you indicate that you understand, accept, and consent to thepractices described in this Privacy Policy. It is your responsibility to ensurethat this Privacy Policy is compliant with any applicable privacy policy(ies),including without limitation, the consent of your customers and users in themanner of the collection, use and disclosure of their Personal Information. Youhereby represent and warrant to the Company that the collection, use, and disclosureof personal information provided to the Company or otherwise in connection withusing the App shall not breach any privacy policy with your customers andusers. Further terms and conditions in connection with your policy are set outon our Terms and Conditions: [www.birdseyeglobal.com/terms]. This PrivacyPolicy may change from time to time (see Changes to Our Privacy Policy). Yourcontinued use of this App after we make changes indicates that you accept andconsent to those changes, so please check the Privacy Policy periodically forupdates. We will notify you in advance of any material changes to this PrivacyPolicy and obtain your consent to any new ways that we collect, use, anddisclose your personal information.

1. What Personal Information We Collect

  1. Personal Information that you provide.     From time to time, we may ask you to provide Personal Information. If you     choose to provide such information, during account registration or     otherwise, you are giving us the permission to use and store such information     as provided in this Privacy Policy.
  2. Personal Information collected via     cookies. When you use the Services we may use cookies to track information     about your browser’s activities and to provide you with better services     and features on the Services. The types of cookies that we may use are     “session cookies” and “persistent cookies”.
  3. Session cookies:
  4. Session cookies store information only     for the length of time that you are connected to a website – they are not     written onto your hard drive. Once you leave the website, they expire and     are no longer active. We use session cookies to record certain information     from your browser including your Internet Protocol (IP) address, browser     type, internet service provider (ISP), referring or exit pages, operating system     and the dates and times that you use our website. Additionally, we may     record certain information regarding your use of features on our website.     Session cookies allow us to gather statistical data which provides insight     into how we may improve our Services and to identify your current session     to our web server.
  5. Persistent cookies: Persistent cookies     store information on your hard drive and can be re-read when you return to     the site that placed them on your hard drive. We use persistent cookies to     remember your preferences and to help block unauthorized attempts to     access your Personal Information.
  6. Rejecting cookies: You may adjust your     browser settings to notify you when a cookie is about to be sent or you     may configure your browser to refuse cookies automatically. Please review     your web browser’s “Help” file to learn the proper way to modify your     cookie settings. Note that if you do not accept cookies you will not have     access to certain services and features on our Services that rely on     cookies for their functionality.
  7. Location information. When you use the     Services through a mobile device, we may track or collect your     geo-location information on a real time basis only. We may also use this     real-time geo-location information to address support, technical, or     business issues that may arise in the course of your use of the Services.     If you do not consent to the tracking of your geo-location, you may still     be able to use some, but not all, of the features of the Services.
  8. Automatic Information Collection and     Tracking Technologies. When you download, access, and use the App, it may     automatically collect:
  9. Usage details. When you access and use     the App, we may automatically collect certain details of your access to     and use of the App, including traffic data, location data, logs, and other     communication data and the resources that you access and use on or through     the App.
  10. Device information. We may collect     information about your mobile device and internet connection, including     the device's unique device identifier, IP address, operating system,     browser type, mobile network information, and the device's telephone     number.
  11. Stored information and files. The App     also may access metadata and other information associated with other files     and information stored on your device or by authorized access to your     third party accounts, including without limitation, social media,     e-commerce, and digital advertising platforms. This may include, for     example, sales and advertising data, digital ad spend, photographs, audio     and video clips, personal contacts, and address book information.
  12. Location information. This App may     collect real-time information about the location of your device.
  13. Web Beacons. Pages of the App and our     emails may contain small electronic files known as web beacons (also     referred to as clear gifs, pixel tags and single-pixel gifs) that permit     the Company, for example, to count users who have visited those pages or opened     an email and for other related app statistics (for example, recording the     popularity of certain app content and verifying system and server     integrity).
  14. Third-Party Web Beacons. We may also     implement third-party content on our App that uses “clear gifs”, “web     beacons” or other similar techniques, which allow third-party content     providers to read and write cookies to your browser, or implement similar     tracking mechanisms, in connection with your viewing of that third-party     content displayed on our website. This information is collected directly     by the third-party, and we do not participate in that data transmission.     Information collected by third parties in this manner is subject to that     third-party's own data collection, use, and disclosure policies.
  15. Your relationship with us. We will     collect information arising from your relationship with and through your     use of the Services. For example, we maintain a record of your transaction     history and when you send us an e-mail, speak with one of our telephone     service representatives, or communicate with us through any other means,     we may monitor, record and retain those communications for our mutual     protection and in order to process your inquiries, respond to your     requests and improve our Services.
  16. Personal Information from Other Sources.     We may also obtain your Personal Information from third parties and     sources other than the Services. If we combine or associate information     from other sources with your Personal Information that we collect through     our Services, we will treat the combined information as Personal     Information in accordance with this Privacy Policy.

We may also use these technologies to collectinformation about your activities over time and across third-party websites,apps or other online services (behavioural tracking). To learn more or toopt-out of tailored advertising please visit Digital Advertising Alliance ofCanada Opt-Out Tool for information on how you can opt out of behaviouraltracking on or through this App and how we respond to browser signals and othermechanisms that help users exercise their choices about behavioural tracking.

The information we collect automatically isstatistical information and may include Personal Information. We may maintainit or associate it with Personal Information we collect in other ways, that youprovide to us, grant us access to, or receive from third parties. This usageinformation helps us to improve our App and to deliver a more personalizedservice, including by helping us to: (1) Estimate our audience size and usagepatterns; (2) Store information about your preferences and customize our Appaccording to your individual interests; (3) Speed up your searches; and (4)Recognize you when you use the App.

If you do not want us to collect this informationdo not download the App or delete it from your device. For more information.Note, however, that opting out of the App's collection of location informationwill cause its location-based features to be disabled.

2. Information You Provide to Us.

  1. When you download, register with, or use     this App, we may ask you to provide:
  2. Information by filling in forms in the     App. This includes information you provide when subscribing to our     service, posting material, and or requesting further services. We may also     ask you for information when you report a problem with the App.
  3. Records and copies of your     correspondence, including email addresses and phone numbers, if you     contact us.
  4. Your responses to surveys that we might     ask you to complete for research or other purposes.
  5. Details of transactions you carry out     through the App and order fulfillment. We may require you to provide     financial information before placing an order through the App.
  6. Your search queries on the App.
  7. Access to your third party accounts,     including without limitation, social media, e-commerce, and digital     advertising platform for us to store your data and information, for     processing in our database, and then organized into the App’s dashboard     for analytics.

3. How and Why Personal Information is Used.

  1. To Serve you. We use the Personal     Information that you provide or that we collect for legal and regulatory     purposes, to manage business risks, to provide our Services to you,     enhance our Services, and to establish and enhance our relationship with     you. We generally use the Personal Information you provide or that we     collect to operate, maintain, enhance, and provide our Services. For     example, we may use Personal Information to: respond to specific requests     from you; to help us better understand your use of the Services and     overall needs; to deliver the Services; to develop and enhance Services;     and protect the security of the Services when necessary. The Services may     allow you to submit feedback. Should you choose to submit feedback, you     consent to us contacting you by way of follow-up on the App, e-mail or     phone call to discuss your feedback.
  2. Aggregate Information. We may generate     non-identifying and aggregate profiles from the Personal Information or     other information you provide or grant access to during registration for     our Services and through your use of our Services. Non-identifying and aggregate     profiles are used to provide Services, improve the quality of our     Services, and to develop new products and services. When Personal     Information has been de-identified such that it does not directly or     indirectly reveal a personal identity or directly relate to an identified     individual, such information shall be non-personally identifying     information. Aggregated non-personally identifying information may be     shared with third parties or provided in the delivery of services to third     parties.
  3. Marketing and Experience. We may use your     Personal Information to provide you with information about our features,     services and other offerings that may be of interest to you and facilitate     your participation in sweepstakes or contests and to fulfill prizes. This     information may be provided to you by mail or phone and/or, with your     prior consent, by email. We may also send information or offers to groups     of Users on behalf of other businesses. We may share your Personal     Information with certain other websites that we link to, to the extent     that you click on such links, in order to enhance your experience in     connection with our website.
  4. Additional Use Purposes. We may use your     Personal Information:
  5. To provide you with the App and its     contents.
  6. To fulfill the purposes for which you     provided it or that were described when it was collected or any other     purpose for which you provide it.
  7. To provide notices about your account and     subscription, including expiration and renewal notices.
  8. To carry out our obligations and enforce     our rights in any contracts with you, including for billing and collection     or to comply with legal requirements.
  9. To notify you when App updates are     available, and of changes to any products or services we offer or provide     though it.
  10. To improve our App, products or services,     or customer relationships and experiences.
  11. For marketing purposes.
  12. To allow you to participate in     interactive features, social media, or other features on our App.
  13. To measure or understand the     effectiveness of the advertising we serve to you and others, and to     deliver relevant advertising to you.
  14. To measure or understand the     effectiveness of advertising spend across social media, e-commerce, or     other digital platforms, and to offer you and others benchmarking reports     and other products or services based on certain indicia such as industry     comparables.
  15. For any other purpose with your consent.

4. To Whom your Personal Information may bedisclosed.

  1. Our subsidiaries or affiliates. We may     share your Personal Information with our subsidiaries or affiliates (the     “Group”) for: fraud or crime prevention, suppression or detection; for     legal and regulatory purposes and to meet regulatory, legal or reporting     requirements; to manage business risks; to perform analytics; to ensure     that we have correct and up to date information about you; and to the     extent necessary if you have requested a Service that is jointly offered     by more than one member of the Group. We may also share your Personal     Information to better manage your total relationship with the Group and     enable other members of the Group to bring suitable Services to your     attention. We may share your Personal Information within the Group for     these purposes unless prohibited by law or you tell us not to.
  2. Suppliers. We may use other companies, to     provide certain Services on our behalf. We may share your Personal     Information with our suppliers, agents and other organizations that     perform Services for us or on our behalf to the extent necessary to     provide and administer the Services that you have requested from us,     including without limitation contractors, service providers, and other     third parties we use to support our business, such as analytics and search     engine providers. These companies will only be given the information     needed to perform those Services. We have contracts in place holding these     companies to the same standards of confidentiality by which we are     governed. Our suppliers may perform activities outside of your     jurisdiction. As a result, your Personal Information may be securely used,     stored or accessed in other countries and may be subject to the laws of     those jurisdictions. These companies may be required to disclose your     Personal Information in response to valid demands or requests from     governments, regulators, courts and law enforcement authorities in those     jurisdictions or countries.
  3. Payment Processing. Although you can     submit credit card or other payment card information through the Services,     we not receive this information. Payment card information is transmitted     directly to a third-party payment card processor, Stripe, through an     Internet connection secured by industry-standard Transport Layer Security     (TLS) encryption technology. Stripe then communicates to us whether your     payment has cleared, but does not provide payment card information to us.
  4. Merger or sale. In the event that we are     acquired by or merged with a third-party entity, or if we sell a part of     our business, we reserve the right to transfer or assign the Personal     Information that we have collected from you as part of such merger, sale     or other change of control.
  5. Where required by law. We may disclose     your Personal Information if we have a good faith belief that access, use,     preservation or disclosure of such Personal Information is reasonably     necessary to satisfy any applicable law, regulation, self-regulation,     legal process or enforceable governmental request. When we provide     Personal Information in response to a legal inquiry or order that we     believe to be valid, we disclose only the Personal Information that is     legally required. Note that we may store or process your Personal     Information outside of your jurisdiction which physical or digital storage     of your Personal Information may span multiple jurisdictions or countries     and we may disclose your Personal Information in response to valid demands     or requests from governments, regulators, courts or law enforcement     authorities in those jurisdictions or countries.
  6. Protection of our interests. We may also     disclose your Personal Information if we believe, in good faith, that it is     appropriate or necessary to take precautions against liability; to help us     collect a debt or enforce an obligation owed to us by you; to protect     against fraudulent, abusive, or unlawful uses; to investigate and defend     ourselves against any third-party claims or allegations; to assist     government enforcement agencies; to protect the security or integrity of     our Services; or to protect the rights, property, or personal safety of     our Users, employees or others.
  7. Consent. We may disclose your Personal     Information where you have authorized us to do so. For example, if you     have given us consent, we may share your Personal Information with     business partners and other entities that are not affiliated with us who     would like to send you information about their products and services. We     do not share Personal Information with other third-party organizations for     their marketing or promotional use without your consent or except as part     of a specific program or feature for which you will have the ability to     opt-in.

5. How we protect your Personal Information.

  1. Security processes. We follow generally     accepted industry standards to safeguard your Personal Information from     loss or theft, unauthorized access, disclosure, duplication, use or     modification through security measures appropriate to the sensitivity of     the information. These measures include internal reviews of our data     collection, storage and processing practices and security measures which     include appropriate encryption, firewalls, and physical security measures     to guard against unauthorized access to systems where we store Personal     Information. However, no method of transmission over the Internet, or     method of electronic storage, is 100% secure, and so you should always     exercise caution when disclosing sensitive information over the internet.
  2. Password. Your account is protected by a     password for your privacy and security. Your password and other access     codes are private and confidential - our employees cannot gain access to     them and will not ask you to reveal them. It is your responsibility to use     your best efforts to prevent unauthorized access to your account by     selecting your password appropriately, and limiting unauthorized access to     your computer, browser and mobile platform.
  3. Confidentiality obligations. We restrict     access to your Personal Information to our employees, contractors and     suppliers who need to know that information in order to process it on our     behalf or to provide our Services to you. Our employees, contractors and     suppliers are bound by confidentiality obligations and may not use the     information for any unauthorized purpose. Our employees may be subject to     discipline, including termination and criminal prosecution, if they fail     to meet their obligations described in this Privacy Policy. Our suppliers     and contractors are required to protect your Personal Information in a     manner that is consistent with this Privacy Policy.

6. Updating, Accessing, Deleting and Retaining yourPersonal Information.

  1. Updating your Personal Information. If     you setup an account through the Services, you may update, correct, or     delete your profile information and preferences at any time by going to     your account settings page.
  2. Accessing and deleting your Personal     Information. We make good faith efforts to provide you with access to your     Personal Information and to delete such data at your request if it is not     otherwise required to be retained by law or for legitimate business     purposes. We ask individual Users to identify themselves and the     information requested to be accessed, corrected or removed before     processing such requests, and we may decline to process requests that are     unreasonably repetitive or systematic, require disproportionate technical     effort, jeopardize the privacy of others, or would be extremely     impractical (for instance, requests concerning information residing on     backup tapes), or for which access is not otherwise required. In any case     where we provide information access and correction, we perform this     service free of charge, except if doing so would require a     disproportionate effort. We will advise you of any applicable fee prior to     proceeding with your request. Upon your request, we will make reasonable     efforts to delete your Personal Information from our database, however, it     may be impossible to delete your information without retaining some     residual information for a period of time due to backups and records of     deletion. If you delete your User Contributions from the App, copies of     your User Contributions may remain viewable in cached and archived pages or     might have been copied or stored by other App users. Proper access and use     of information provided on the App is governed by our Terms and Conditions     [www.birdseyeglobal.com/terms].
  3. Retention of your Personal Information.     We retain your Personal Information only as long as it is required for the     reason(s) that it was collected. This length of time will vary depending     on the Service and the nature of the information and may extend beyond the     end of your relationship with us. When your Personal Information is no     longer needed for the purpose for which it was collected, we will destroy,     delete, erase or convert it to an anonymous form. We may anonymize or     aggregate any Personal Information so that it can no longer be associated     with you. We reserve the right to use such anonymous and de-identified     data for any legitimate business purpose without further notice to you or     your consent. We retain all information you provide to us behind firewalls     on our secure servers and data storage facilities and may retain such     de-identified data on our servers indefinitely for any purposes.

7. Providing or withdrawing your consent.

We will obtain your consent before collecting,using or disclosing your Personal Information, except where permitted orrequired by law. Depending on the situation and the sensitivity of theinformation, we may obtain your consent in different ways. Express consent maybe obtained verbally, electronically or in writing from you or your authorizedrepresentative (such as a legal guardian or attorney appointed pursuant to apower of attorney) for stated purpose(s). Implied consent may be obtainedthrough your use or continued use of a Services when the purpose(s) forcollecting, using or disclosing your Personal Information is indicated by therelevant circumstances or follows logically from purposes identified in thisPrivacy Policy (such as when you approach us to obtain information or inquireabout or purchase Services from us). We will seek your consent before usingyour Personal Information for any purpose not previously identified and willlimit the collection of your Personal Information to that which is reasonablynecessary for the relevant purpose(s). We will not, as a condition of thesupply of any of the Services, require you to consent to the collection, use ordisclosure of Personal Information beyond that which is reasonably required tofulfill the purpose for which it is collected.

In most cases you may refuse to provide yourconsent to our collection, use and/or disclosure of your Personal Informationin accordance with this Privacy Policy. Note, however, that if you refuse toprovide your consent or withdraw your consent, we may not be able to provideyou with a particular Service.

You may withdraw your consent provided that: youprovide reasonable notice; we are not legally required to collect, use ordisclose your Personal Information; and withdrawing your consent does notimpede our ability to fulfill our obligations to you. You may withdraw yourconsent by contacting us at [clientservices@birdseyeglobal.com] or through the“Contact Us” form in the App or on the Site. Our staff will be pleased toexplain your options and any consequences of refusing or withdrawing yourconsent, and record your choices.

Several of the privacy preferences available toyou, subject to legal, business or contractual requirements, are outlinedbelow.

  1. Direct marketing. The Services may     provide an option for you to consent to receive information that may be of     interest to you such us our newsletters and updates on our new products     and services through various channels including direct mail, telephone,     electronic or other means. You may opt-out of receiving such     communications from us at any time by clicking on the “unsubscribe” link     in any such electronic messages, modifying your communications preferences     on your account settings page or by contacting us at     [clientservices@birdseyeglobal.com] or through the “Contact Us” form in     the App or on the Site. We will honor your opt-out instructions within 10     days after we are informed of your request without any further action     being required by you.
  2. Sharing with our subsidiaries, affiliates     or Suppliers. We may share your Personal Information with the Group or our     suppliers, agents and other organizations that perform Services for us or     on our behalf for the reasons outlined in paragraphs 3(a) and 3(b) above.     If you withdraw your consent for this sharing, we may not be able to     provide you with your requested Service.

8. Changes to this Privacy Policy

We reserve the right to change this Privacy Policyat any time at our sole discretion. We will inform you of any such change byposting a new Privacy Policy on our [website OR on this page [with a noticethat the Privacy Policy has been updated] [and notify you by [[email][ and/or][text message] to the [primary] [email address] [and/or] [phone number]specified in your account][an in-App alert the first time you use the App afterwe make the change]] and clearly marking the effective date of any such changeto the Privacy Policy. Your continued use of the Services after the posting ofchanges constitutes your binding acceptance of such changes.

9. Third-Party Sites

Our website may be linked to internet websitesoperated by other companies. You should consult the respective privacy policiesof these third-party websites. Our Privacy Policy does not apply to, and wecannot control the activities of, such other third-party web sites. Please beaware that we do not warn you when you choose to follow a link through toanother website from our website.

10. International Users

Please note that we use cloud storage services tostore and process your Personal Information. In some cases, we store andprocess your Personal Information outside your own country. As a result, thephysical storage of your Personal Information may span multiple jurisdictionsor countries and the governments, regulators, courts or law enforcementauthorities in those jurisdictions or countries may be able to obtaindisclosure of your information through applicable laws. Your use of theServices or your submission of any Personal Information to us will constituteyour consent to the transfer of your Personal Information outside of your homecountry, which may provide for different data protection rules than those inyour own country.

11. Minors

We do not knowingly collect any PersonalInformation of minors. If you are an individual, by accessing or using theServices you represent and warrant that you are of legal age to form a bindingcontract. If we learn that Personal Information of a minor has beeninadvertently collected without parental or guardian consent, we will take theappropriate steps to delete this information. If you are a parent or guardianand discover that a minor for which you are responsible has provided his or herPersonal Information to us without your consent, then you may alert us bycontacting us at [clientservices@birdseyeglobal.com] or through the “ContactUs” form in the App or on the Site or by calling us at[clientservices@birdseyeglobal.com] and request that we delete such person’sPersonal Information from our systems.

12. Complaints and Questions

  1. We regularly review our compliance with     this Privacy Policy. When we receive formal written complaints, it is our     policy to contact the complaining User regarding his or her concerns. We     will cooperate with the appropriate regulatory authorities, including     local data protection authorities, to resolve any complaints regarding the     transfer of personal data that cannot be resolved between us and you.
  2. If you have any questions about this     Privacy Policy, please feel free to contact us through the Services or     write to us at: [clientservices@birdseyeglobal.com], Attention: Privacy     Officer; or at BIRDSEYE GLOBAL INC., [abogoroch@birdseyeglobal.com],     Attention: Privacy Officer.
  3. If you are located in Canada and are not     satisfied with our response to your inquiries, you may contact the Office     of the Privacy Commissioner of Canada by mail at 30 Victoria Street     Gatineau, Quebec K1A 1H3 or by calling 1 800 282 1376.

Last Revised: November 2, 2021

 

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