TERMS OF SERVICE

LAST UPDATED: January 4, 2024

These Terms of Service ("Terms") govern your access to and use of Ascendency’s websites and mobile applications (the "Site"). By accessing or using the Site, you agree to be bound by these Terms and enter into a legally binding contract with Ascendency. Please read these Terms carefully. If you do not agree to these Terms, do not access or use the Site.

References to "you" and "your" refer to the user of the Site. References to "we," "us," and "our" refer to Ascendency.

CHANGES TO THE TERMS

We may modify these Terms periodically. If changes are made, we will notify you by updating the revised version on this webpage and indicating the date of the latest revision at the top of this page. Material changes will apply prospectively only. You should review these Terms regularly, as revised versions are binding upon you. Continued use of the Site after modifications are posted constitutes your acceptance of the updated Terms.

USING THE SITE

a) Permission to Use the Site

We grant you permission to use the Site subject to these Terms. We reserve the right to revoke this permission at any time for inappropriate conduct or violation of these Terms. Use of the Site is at your own risk, including exposure to offensive, inaccurate, or otherwise inappropriate content.

b) Site Availability

The Site may be modified, updated, interrupted, suspended, or discontinued at any time, with or without notice or liability.

c) User Accounts

To access certain features of the Site, you may need to register an account. You are responsible for maintaining the confidentiality of your username and password and for all activities under your account. Notify us immediately of unauthorized access or security breaches. We reserve the right to close your account at our sole discretion and to reveal your identity in response to legal actions or safety concerns.

CONTENT

a) Responsibility for Your Content

You are solely responsible for the content you post or transmit through the Site. By submitting content, you agree to indemnify Ascendency against any claims arising from its transmission or publication. We reserve the right to remove content at our discretion.

b) Ascendency’s Right to Use Content

By posting or transmitting content on the Site, you grant Ascendency a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, publicly display, and sublicense the content. This includes the right to exploit any intellectual property rights associated with the content.

c) Ownership of Site Materials

All materials on the Site, including text, graphics, logos, and software, are owned or licensed by Ascendency and are protected by intellectual property laws. Materials are for personal, non-commercial use only. Unauthorized use, reproduction, or distribution is strictly prohibited.

RESTRICTIONS

You agree not to:

1. Post material that is defamatory, obscene, unlawful, or infringes on intellectual property rights.

2. Upload harmful software such as viruses or worms.

3. Engage in unauthorized commercial activities.

4. Collect personal information unlawfully.

5. Disrupt or interfere with the Site’s functionality.

6. Attempt unauthorized access to the Site or its networks.

UNSOLICITED SUBMISSIONS

We do not accept unsolicited creative materials. If unsolicited materials are submitted, Ascendency is not obligated to treat them as confidential and assumes no liability for their use.

PRIVACY POLICY

Your use of the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.

THIRD-PARTY LINKS

The Site may contain links to third-party websites. We are not responsible for the content or availability of these sites. Use of third-party sites is at your own risk.

INDEMNIFICATION

You agree to indemnify and hold harmless Ascendency and its affiliates, officers, and agents from any claims, damages, or costs arising from your use of the Site, violation of these Terms, or infringement of third-party rights.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

The Site is provided "as is" and "as available." Ascendency disclaims all warranties, express or implied, including fitness for a particular purpose. Ascendency is not liable for indirect, incidental, or consequential damages arising from your use of the Site.

VOID WHERE PROHIBITED

Products and services on the Site may not be available in all geographic areas. Any offer is void where prohibited by law.

MAKING PURCHASES

By purchasing products on the Site, you agree to provide accurate payment information and to pay all applicable charges, including taxes and shipping fees. We reserve the right to update product pricing and availability without notice.

RULES FOR PROMOTIONS

Promotions on the Site are governed by specific rules, which may supersede these Terms where conflicts arise. Review applicable rules carefully.

GENERAL PROVISIONS

1. If any provision of these Terms is deemed unenforceable, the remaining provisions remain in effect.

2. These Terms constitute the entire agreement between you and Ascendency regarding the Site.

3. Failure to enforce any provision of these Terms does not constitute a waiver of rights.

4. These Terms are not assignable by you without prior written consent.

MOBILE TERMS OF SERVICE

By using Ascendency’s SMS services, you consent to receive recurring messages from us. Standard messaging rates apply. You may opt-out by texting STOP at any time. For assistance, contact support@ascendency.co.

For additional inquiries or support, please contact us at support@ascendency.co.

Last updated September 30, 2024

Your privacy is crucial to us. It is Ascendency’s rule to respect your privacy regarding any information we may collect from you across our website, Ascendency.co.

This Privacy Notice for Ascendency LLC ("we," "us," or "our"), describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you:

• Visit our website at http://www.Ascendency.co, or any website of ours that links to this Privacy Notice

• Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at privacy@Ascendency.co.

SUMMARY OF KEY POINTS

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.

Do we process any sensitive personal information? Some of the information may be considered "special" or "sensitive" in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. We do not process sensitive personal information.

Do we collect any information from third parties? We do not collect any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.

In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties.

How do we keep your information safe? We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.

How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• names

• email addresses

• phone numbers

• mailing addresses

• job titles

• contact preferences

Sensitive Information. We do not process sensitive information.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).

• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

Google API

Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.

• To post testimonials. We post testimonials on our Services that may contain personal information.

• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.

The categories of third parties we may share personal information with are as follows:

We also may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). Google Maps uses GPS, Wi-Fi, and cell towers to estimate your location. GPS is accurate to about 20 meters, while Wi-Fi and cell towers help improve accuracy when GPS signals are weak, like indoors. This data helps Google Maps provide directions, but it is not always perfectly precise. We obtain and store on your device ("cache") your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.

Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

Google Analytics

We may share your information with Google Analytics to track and analyze the use of the Services. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.co/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, 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.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@Ascendency.co.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.

If you have questions or comments about your privacy rights, you may email us at privacy@Ascendency.co.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

10. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at privacy@Ascendency.co

12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.

We use cookies on Ascendency.co to enhance your experience with our site. This Cookie Policy is part of our Privacy Policy and explains how we use cookies, both first-party and third-party, to provide you with tailored content, understand how you interact with our site, and improve our overall services.

By continuing to use Ascendency.co, you agree to our use of cookies. If you're not comfortable with this, you can instruct your browser to block cookies from our site, but keep in mind that doing so might affect your access to certain features.

What Are Cookies?

Cookies are small files stored on your device that allow websites to recognize your browser, remember preferences, and gather data about your interactions with the site. They're crucial for personalizing your experience and enabling some core functions like logging in or retaining your language settings.

Cookies come in two types:

• First-Party Cookies: These are set by the website you're visiting and help that site function better.

• Third-Party Cookies: These are set by external services we use to enhance your experience, such as analytics tools.

Types of Cookies We Use:

1. Essential Cookies: These are necessary for the basic functioning of our website. Without them, certain features such as logging in or using a shopping cart wouldn't be possible.

2. Performance Cookies: We use these to understand how visitors navigate our site. While these cookies don't collect personally identifiable information, they help us refine and improve your overall experience.

3. Functionality Cookies: These store your preferences, like your chosen language or timezone, and ensure a smoother, more personalized experience when you return.

4. Targeting/Advertising Cookies: While we don’t currently use these, they would be employed to provide ads more relevant to your interests and limit how often you see the same ad.

Third-Party Cookies

Some third-party tools we use may also set cookies when you interact with our site. These might come from analytics providers or embedded content like videos. Since we don’t control these cookies, they aren’t covered by our Cookie Policy. However, we thoroughly vet any third-party service we partner with to ensure they respect your privacy.

Managing Cookies

Not a fan of cookies? You can adjust your browser settings to block or delete cookies. Most browsers let you choose to refuse cookies or notify you when a cookie is being set. However, be aware that blocking cookies may prevent you from accessing certain features on our site.

Should you access Ascendency.co from multiple devices, remember to adjust your cookie settings on each one.

While cookies can generally be turned off with little impact, doing so may limit your access to some features or personalized content.