Otterize Website Privacy Notice

Last Revised: January 31, 2023

Introduction

This privacy notice details how Otterize, Inc. ("us", "we" or "Company") process information of users (each, "you" or "User") collected through our website at https://otterize.com/, products (including Otterize OSS and Otterize Cloud), mobile app, related features and associated services, or in connection with our online communities (together, the "Services").

The details of the Company are as follows: Otterize, Inc. 850 New Burton Rd. Suite 201 Dover Delaware 19904 [email protected]

We may revise this notice from time to time, in our sole discretion, and the most current version will always be posted on our website (as reflected in the "Last Revised" heading). We encourage you to visit this page regularly for any changes.

What information we collect

Personal data or personal information ("Personal Information") means any information which may potentially allow your identification with reasonable means. We collect your Personal Information as follows:

• Voluntary Information: We collect information that you provide us voluntarily such as your email address. For instance, when you sign up to the services, sign our Contributor License Agreement ("CLA") or order form subscribing to the Services ("Order Form")or receive updates or further information from us, or when you communicate with us via the 'contact us' option on the website. In those cases we will collect your name, email address, name of your organization and SSO information.

• GitHub identity information under CLA: we collect information that contributors provide us when they sign our CLA on GitHub, including their name, email, GitHub username and corporate name.

-Google identity information under Services account: we collect information that users provide us when they accept our Terms of Use, available on [please insert link] or open an account in order to use the Services by subscribing through their existing Google account, including their name and email associated with such Google account.

• Device Information: We collect specific types of connection details and information with regard to your device, software or hardware that may identify you. Such information may include your browser type, browser version, and timestamp, as well as an IP address.

• User Activity: Information regarding User's activity on our Services such as your clicks, actions and browsing on our website.

Cookies and third party tracking

We use cookies and pixel tags when Users access our Service. A “cookie” is a small piece of information that the Services assign to the User's browser while the User is browsing such Services. Cookies are very helpful and are used by us for the purpose of gathering relevant information in order to enhance the functionality of the Services. We use ‘session cookies’, which are stored temporarily during a browsing session and are deleted from User's device when the browser is closed, ‘persistent cookies’, which are saved on User's device for a fixed period and are not deleted when the browser is closed, and 'third-party cookies', which are set by other online services that run content on the page you view on your browser.

Most web browsers allow you to erase cookies on your computer, block cookies from your computer, or notify you when a cookie is stored on your computer. If you choose to disable or otherwise block certain cookies, you may be unable to use, or experience decreased functionality with, parts of the Site. Your browser may also support functions to block or restrict pixel tags.

You may also opt out of the pixel tags and other advertising tracking technologies by following the instructions at: www.networkadvertising.org/choices or www.aboutads.info/choices.

We also use Google Analytics to collect information about your use of the Services. This third party service collects and shares information about your use of the Services in accordance with the following terms https://policies.google.com/technologies/partner-sites. You can opt-out of this tracking technology here: https://support.google.com/analytics/answer/181881.

In addition, we use Hotjar to better understand our users’ needs and optimize your use of the Services. This third party service uses cookies and other technologies to collect data on users’ behavior, including a device's IP address, device screen size and type, browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site at: https://help.hotjar.com/hc/en-us/categories/115001323967-About-Hotjar . For opt-out and to instructions how to disable Hotjar tracking, please follow the instructions here: https://www.hotjar.com/policies/do-not-track/.

We also use Heap to collect information about your use of the Services. This third party service collects and analyzes information about your use of the Services in accordance with the following policy: https://www.heap.io/privacy. You can opt-out of Heap in accordance with said Heap policy.

How we use the information

We use the information in the manners described in this privacy policy. In addition to the purposes listed herein, the information we collect, which may include your Personal Information, is used for the following purposes:

• To demonstrate your consent to the terms of our CLA, the Terms or the Order Form and maintain our relationship with you in accordance with their applicable terms;
• To respond to inquiries and requests from our Users, to improve our Services and to provide you with further information about our products and services;
• To investigate and resolve disputes in connection with your use of our Services;
• To market and advertise our Services;
• To detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of our Services; and
• To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.

With whom we share the information

We do not rent or sell any Personal Information. We share Personal Information with the following recipients:

• our third party vendors engaged in providing services in connection with our Services and the license provided under the CLA or the Terms;
• our subsidiaries and affiliated companies;
• auditors or advisers of our business processes; and
• any potential purchasers or investors in the Company.

Why we process your Personal Information?

This section explains for what purposes we use your Personal Information and outlines the legal bases that underlie our usage.

Purpose	Legal basis
Provision of our Services; support; business operations. We use your Personal Information, such as your name and email address, for consumer services purposes. This includes, for example, responding to your inquiries.	The legal bases for processing this data are the performance of our contractual obligations towards you; your consent (for example, when you provide Personal Data); compliance with our legal obligations; and our legitimate interests. Our legitimate interests in this case are enforcing our policies, protection against fraud and misuse of our Services.
Improve our Services. We collect and analyse information about you and your usage of our Services to improve the usability and effectiveness of our Services, such as performing research, technical diagnostics, personalization and the work towards whom you provided your contributions under the CLA.	The legal bases for processing this data are our legitimate interests, in this case – providing and improving our Services.
Marketing and Advertising. We may use Tracking Technologies (which may collect Personal Data) in order to provide you with personalized advertisements when you visit our Services.	The legal bases for processing this data are your consent (where required) and our legitimate interests. Our legitimate interests in this case are providing you with tailored services, content and advertisements that better correspond with your interests.
Integrity. We may process certain information about you and your use usage of the Service in order to keep the integrity and security of the Service; prevent fraud; identify your identity; enforce our policies (including the CLA, Terms or Order Form, as applicable, and our other agreements); investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing; suspected fraud or security issues; establish or exercise our rights to defend against legal claims; prevent harm to the rights, property or safety of us, our affiliates, our users, yourself or any third-party; and enforce intellectual property or other legal rights.	The legal bases for processing this data are your consent (where required), compliance with our legal obligations and our legitimate interests. Our legitimate interests in this case are keeping the integrity of our Services and the safety of our end-users.
Compliance with applicable laws, regulation, legal process or governmental request.	We may be required to collect, retain, or share your Personal Data, under applicable laws.

International transfer

We may transfer your Personal Information to third parties, as set out in this notice. Such third parties may reside in various jurisdictions around the world. In such circumstances and where required by law, we have put in place contractual measures to ensure that the recipients of your Personal Data provide appropriate safeguards for your data (for example, by training its staff and implementing effective technological and organizational security measures) and are only using it for the purposes of performing their services, or otherwise for those purposes for which we have disclosed your information to them.

For how long we retain the information

We retain the information that we collect from our Users for as long as we are providing the Services to the applicable customer pursuant to the Terms and Order Form (as applicable) or conduct the work under the CLA. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we may keep records containing Users' Personal Information, account opening documents, communications and anything else as required by applicable laws and regulations.

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

Your privacy rights

Certain jurisdictions provide Users with certain statutory rights to their Personal Information. Subject to exemptions provided by law, and with proper identification, you may have the right to certain actions to your Personal Information such as:

• Right to verify your Personal Information (to access, delete, change or update any Personal Information relating to you. For example, if you believe that your Personal Information is incorrect, you may ask to have it corrected or deleted);
• Right to see what Personal Information about you we have;
• Right to request that we erase Personal Information about you (subject to any other legal obligation that may require us to keep that information);
• Right to restrict us from processing Personal Information pertaining to you (for example, you may request that we will stop using or sharing your Personal Information with third-parties); and
• Right to export Personal Information in a portable format.

If you wish to exercise any of these rights, contact us at: [email protected] . When handling your request, we will ask for additional information to confirm your identity (which may include Personal Information). However, please note that if you choose not to allow us to process your Personal Information, we may be prevented from providing our Services.

Please note that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements.

If you wish to raise a complaint on how we have handled your Personal Information, please contact us directly at: [email protected] .

If you are not satisfied with our response or believe we are collecting or processing your Personal Information not in accordance with the laws, you can file a complaint to the applicable data protection authority.

Minors

We do not knowingly collect or solicit Personal Information from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Services, you certify to us that you are not under the Age of Consent. In the event that we learn that we have collected Personal Information from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, then please contact us through the contact details available above.