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October 1, 2019


Thank you for doing business with DirectScale, Inc. (“DirectScale,” “Company,” “we,” “our,” or “us”). We welcome you and hope you find our websites, applications, professional services, products, and our other subscription services and tools (collectively, the “Services”) helpful and useful. For those of you who are current or potential employees or business partners, we hope your interaction with us is pleasant and helpful. We have adopted this privacy policy (“Privacy Policy”) to help our current and potential customers, clients, their employees, our employees, and other business partners (“you” or “your,”) understand not only what Data we collect, store, share, and use, but how and why.

We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.
In this Privacy Policy, we use the word “Data” to describe all the information we collect that relates to you and your use of our Services. “Data” is broken into different categories, which we may refer to separately, but when we use the word “Data,” we mean all the different categories described in this Privacy Policy.

When we have a separate agreement with you and that agreement addresses how we handle Data, the terms of that separate agreement will control over any conflicting provisions of this Privacy Policy. The definition of “Data” in that separate agreement, if there is one, may differ from the definition we use in this Privacy policy, since the agreement will address particular interactions with a particular party.
With that exception, this Privacy Policy applies to everybody who interacts with us online or otherwise. Since different portions of the Privacy Policy will apply differently to the various groups who interact with us, we have tried to clearly categorize the types of Data we process and how we do so. If you have any questions about this Privacy Policy or how we handle your Data, please e-mail us at notice@directscale.com.

We have also adopted a Data Processing Agreement (“DPA”) that places further restrictions and requirements on how we process Data. We make the DPA available separately to individuals and companies who wish to enter into a DPA with us. If you have entered into such an agreement with us, either by executing the DPA in hard copy or by clicking “I Accept” or similar language online, the DPA will apply to both parties’ actions under this Agreement.

DESCRIPTION OF SERVICES

DirectScale provides an enterprise SaaS independent distributor and customer experience management platform for direct and social selling companies around the world. The platform, which includes a commission engine, e-commerce module, distributor portal, admin console and more, is configurable and extensible by you or your 3rd party service providers. In this Privacy policy, all the functions made available by our tools, including the other services and professional services we provide directly, are included in the term “Services.” The term “Services” also includes any of DirectScale’s website, mobile applications, tools, software, personalized content, and other applications, as well as any other services and tools now known or later developed by DirectScale.

LAWFUL BASIS FOR PROCESSING

By accessing or using any of the Services or by otherwise interacting with us online, you consent to our use of your Data as described in this Privacy Policy. If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease collecting your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to use the Data that has been aggregated and anonymized for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent does not prevent us from retaining and processing Data if we are required to do so by applicable law or in order to preserve legal claims. It also doesn’t prevent us from processing Data that has been gathered pursuant to a different lawful basis. For example, if you give your consent for us to process your Data, but we are also required by law to keep your Data, that separate “lawful basis” will still apply, even if you withdraw your consent.

When you enter into an agreement with us, either by accessing the Services, by executing an agreement in hard copy or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.

In all cases, we will comply with applicable law and we will cease processing your Data after the legal right or obligation or other necessity passes.

INTENDED USERS

The Services are directed solely to persons 18 years of age or older or of children under 18 who are supervised by a parent, guardian, or other caregiver. Other than for Data collected for the specific purpose of providing the Services to users, we do not knowingly collect Data from users who are under 13. If we become aware that we have gathered Data from a person under 13, except to provide the Services to such person, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you believe that we have gathered Data from a person under 13 in contravention of this policy, please contact us at notice@directscale.com.

INFORMATION WE COLLECT AND HOW WE USE IT

In the course of our relationship with you, we gather different categories of Data. We always have a lawful basis for gathering the Data, but that lawful basis might be different for different categories. Regardless, we never use the Data for any purpose other than the purpose for which we gathered the Data in the first place, unless we get your explicit consent. This section of our Privacy Policy describes the categories of Data we collect, the lawful basis for collecting that Data, and the uses we make of each category of Data.

A. Registration Data

  1. Data Description: Registration Data consists of the name, e-mail address, and other contact information you provide us using the
    Services, both when you register your account and thereafter. Registration Data also includes your username, client type (e.g., ad-
    supported or paid membership), and membership end date, if any.
  2. Lawful Basis for Processing: Our lawful basis for processing Registration Data is our contract with you. We can only provide certain of
    the Services to you if we have the Registration Data, so we need to store and access that Registration Data during the term of our
    contract. Even when the Registration Data is not critically necessary to the provision of the Services, we may still process that
    Registration Data to facilitate our contractual interactions with you.
  3. How We Use It and Who We Share It With: Registration Data is accessible only to us. We use it only to provide the Services to you. At
    times, we will share the Registration Data with third parties at your request or to fulfill requests that you make of us. We may use your
    Registration Data to offer goods or services to you, but only on an opt-in basis after getting your specific consent.

B. Engagement Data

  1. Data Description: Engagement Data consists of all the information you input or record using the Services, other than the Registration
    Data. It also includes all information that is proprietary to you regarding your use of the Services (other than the data that qualifies as
    “Usage Data” below) that is collected or processed by the Services. For example, Engagement Data includes the names and contact
    information of your distributors and other business contacts, order and sales data, commission data, business structure data.
  2. Lawful Basis for Processing: Our lawful basis for processing Engagement Data is (1) our contract with you and (2) our legitimate
    interest in improving our Services based on the Engagement Data we receive from you.
  3. How We Use It and Who We Share It With: Your Engagement Data is accessible only to us, to you, and where it relates directly to a
    party who either provides services to you or receives services from you, to that party, in which case that party will be obligated to
    protect the confidentiality of your Engagement Data. We do not share Engagement Data with other third parties, except at your
    specific request, but we may use Engagement Data to make inferences that help us provide and improve the Services. Both during the
    term of our agreement with you and thereafter, we may also use Engagement Data in an anonymized and aggregated format that is
    not identifiable to any individual, and that anonymized and aggregated information belongs solely to us to use in our sole discretion.
    To the extent we are required to delete any Engagement Data about you, we may still retain aggregated and anonymized information
    that may have originated as your Engagement Data.

C. Usage Data

  1. Data Description: Usage Data consists of the following and similar information:

• Information about your interactions with the Services, most commonly our website, which includes the date and time of any requests
you make. This also may include details of your use of Third-Party Applications and any advertising you receive via the Services.
• The timing of the information you post to the Services including messages you send and/or receive via the Services and your
interactions with our customer service team, but not including the content of those interactions and messages, which would be included
as Engagement Data.
• Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect
to the Services, unique device IDs, device attributes, network connection type (e.g. WiFi, 4G, LTE, Bluetooth) and provider, network and
device performance, browser type, language, information enabling digital rights management, operating system, and application
version.
• Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope), if any, required for the purposes of
providing specific features of the Services to you.

  1. Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in
    improving our Services based on the Usage Data we receive from you.
  2. How We Use It and Who We Share It With: Usage Data is accessible to us and to you. We do not share it with third parties, except at
    your specific request, but we may use Usage Data to make improvements to the Services. We may also use Usage Data in an
    anonymized and aggregated format that is not identifiable to any individual, and that anonymized and aggregated information belongs
    solely to us. To the extent we are required to delete any Usage Data about you, we may still retain aggregated and anonymized
    information that may have originated as your Usage Data.

D. Payment Data

  1. Data Description: Payment Data is only collected when your use of the Services is subject to the payment of a fee or other charge.
    Payment Data is the information necessary for us to process your payments for premium Services. Payment Data will vary depending on
    the payment method you use (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:

• Name;
• Date of birth;
• Credit or debit card type, expiration date, and certain digits of your card number;
• Address and postal code; and
• Mobile phone number

  1. Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in
    improving our Services based on the Payment Data we receive from you.
  2. How We Use It and Who We Share It With: We only use Payment Data to facilitate payment, and we only communicate it to those
    parties who are strictly necessary for that purpose.

SPECIFIC INTERACTIONS

A. Current and Potential Employees
We often use the services of third parties to help us to recruit new employees and independent contractors and to manage our interactions with current employees and independent contractors. We do our best to contractually ensure that these third-party service providers comply with the policies we have adopted. However, we can’t guarantee their compliance in every case.
Our lawful basis for processing Data about potential and current employees and independent contractors is our contract with them and our legitimate interest in processing that Data, both to facilitate the formation of a formal relationship and to manage that relationship once it is formed. We only use employment Data for the direct purpose of the employment or independent contractor relationship, and we cease using it as soon as that relationship ends. However, we may keep and process that Data after the relationship ends when we are required to do so by applicable law or to preserve legal claims that may arise.

B. Your Independent Distributors
When our clients’ independent distributors, who use our Services but do not engage us directly to provide the Services, log in to the Services, they are required to agree to a user agreement that sets forth their agreement with the company for whom they serve as an independent distributor. They also agree to the terms of this Privacy Policy, and the collection and use of their Data is subject to the provisions of this Privacy Policy. Although such users may not be required to affirmatively click “I Accept” to accept this Privacy Policy, their use of the Services will nevertheless be governed by this Privacy Policy.

SHARING YOUR INFORMATION

Except where a specific limitation is noted above, we may share your Data as follows:

  1. At Your Instruction. If you request us to make your Data available to a third party, and such request furthers the purposes of our
    Services, we will do so.
  2. Sharing with Vendors and Service Providers. In certain cases, we use the services of third-party vendors and service providers to assist
    us in providing the Services. We may share your Data with such vendors and service providers solely for that purpose, and we will
    require those parties to abide by our privacy policies or privacy policies substantially in consonance with ours.
  3. Third-Party Offers. We may allow other companies to offer you their products and services, including offers through our Services, co-
    branded pages hosted by the third parties, or via email. Whether or not you decide to participate in any such offers is up to you. If you
    purchase a product or service on a co-branded page, or via a third-party offer on our Services that requires you to submit financial and
    personal information, you are also consenting to our delivery of this information to that party. The offer will notify you if any financial or
    personally identifiable information will be shared. Such third party will be authorized to use this information in keeping with our
    contractual relationship with them and in accordance with their own privacy policy and information practices. We do not control these
    third parties and you agree that we are not liable for their acts, or any failure to act on their part.
  4. Third-Party Advertising. We may use aggregated, statistical information to describe our membership and to establish advertising and
    other business relationships with third parties. We may serve you with targeted advertisements based on your personal or profile
    information, but we do not provide any of this personal or profile information to an advertiser or any third party with the exception of
    those uses expressly disclosed in this policy. However, if you click or view an ad on our Services then you consent to the likelihood that
    the advertiser will assume that you meet the targeting criteria, if any, used to display such ad, and as described above, you will be
    subject to the advertiser’s privacy policy and information collection practices (if any).
  5. Third-Party Ad Servers. We may allow third-party ad servers or ad networks to display advertisements on the Services. Some of these
    ad networks may place a persistent cookie on your computer or use other technologies such as JavaScript and web beacons. Doing
    this allows them to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile
    information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked
    on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. We do
    not have access to or control over the cookies that may be placed by these parties on your computer, and we have no control over
    these parties’ privacy policies or information collection practices (if any).
  6. Service Providers. We may sometimes use a third party to provide specific Services on our behalf, including sending e-mails to our
    members, conducting member surveys, processing transactions or performing statistical analysis of our Services. In these cases, we
    may provide certain personal information, such as your name and e-mail address and other financial information necessary for the
    service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited
    from retaining, sharing, storing or using this information for any other purposes.
  7. Internet Service Providers. We may provide certain portions of your Data, such as your email address or name, back to your internet
    service provider if we have an existing advertising relationship with them. This is done to allow them to target or discontinue your
    exposure to our advertisements, once you have become a participating member of our Services. As part of our agreement with your
    internet service provider, they will be required to maintain this information in a confidential manner and use it solely for the purpose
    described in this Privacy Policy.
  8. Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a
    portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right
    to transfer that information in connection with such transactions without notice to you. We will not obtain your consent for such a
    transfer.
  9. Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary
    to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us, protect and defend our
    rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential
    threats to the physical safety of any person, or violations of our terms of service.
  10. Publicly Disclosed Data. Certain items of Data are always publicly available, such as your username, people who follow your
    playlists, and the playlists you follow.

If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that processing, we will only do so after obtaining your specific consent.

TECHNOLOGIES WE USE

The technologies we use for automatic Data collection may include the following:
• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser
cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain
parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when
you direct your browser to our Services.
• Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about
your preferences and navigation to, from and on our Services. Flash cookies are not managed by the same browser settings as are used
for browser cookies.
• Web Beacons. Pages of the Services and our e-mails 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
e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system
and server integrity).

YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR DATA

We only use your Data for marketing purposes if you give us your specific consent. If, after giving your consent, you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, or if you wish to stop receive marketing e-mails from us, please follow the instructions below. (Note that if you are a resident of the European Union, we will never use your personal data for third-party marketing purposes unless you have clicked on a box online to expressly give consent for such use.)

  1. Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward
    basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to info@directscale.com.
  2. Our sharing of your Data with unaffiliated third parties for their (or their customers’) direct marketing purposes: If you would prefer
    that we do not share your information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you
    may opt-out of this sharing by emailing info@directscale.com from the email that you have signed up or used in receiving the Services.
  3. Any other disclosure of your Data: Except as provided in this Privacy Policy regarding anonymized and aggregated Data and except for
    Data that is processed by us pursuant to a lawful basis based on our legitimate interests and contracts with you, you may instruct us to
    cease disclosure or use of your Data by contacting us at notice@directscale.com.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please follow the instructions in this Privacy Policy.