PRIVACY POLICY

SEEDS, an educational technology platform provided by ZAKA AI, Inc. (“Company“, “we“, “our“, or “us“), a company incorporated in Delaware, United States, respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes how we collect, process, retain, and disclose personal data about you when providing services to you through our websites, applications, and services that link to this policy (our “Services“) and our practices for using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect:

• Through the Services.
• In communications, including email, text, chat, and other electronic messages, between you and the Services.

It does not apply to information collected by:

• Us through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries) that does not link to this policy; or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Services.

We may provide additional or different privacy policies that are specific to certain features, services, or activities.

Please read this policy carefully to understand our policies and practices regarding your information and how we treat it. By interacting with our Services or providing us with your information, you agree to the collection, use, and sharing of your information as described in this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes as described here is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Lawful Basis for Processing. We process personal data on lawful bases recognized under applicable data protection laws, including: (a) where processing is necessary to perform a contract with you or your institution, or to take steps at your request prior to entering into a contract; (b) where you or your authorized representative has provided consent; (c) where processing is necessary to comply with our legal obligations; and (d) where processing is necessary for our legitimate interests or those of a third party, provided such interests are not overridden by your rights and interests. Where we rely on consent, you may withdraw it at any time by contacting us, though such withdrawal will not affect the lawfulness of processing prior to withdrawal.

Children’s and Minors’ Data

Our Services are designed for use by students, teachers, and school administrators within educational institutions. Where our Services are provided to students who are minors (under 18 years of age), such access is provided through the student’s school, which is responsible for obtaining any parental or guardian consents required under applicable law. We process student personal data on behalf of and under the instructions of the contracting school. Parents or guardians may exercise data subject rights on behalf of their children by contacting the school or us at admin@zaka.ai. We do not knowingly collect personal data directly from children without appropriate school or parental authorization.

The Personal Data That We Collect or Process

“Personal data” is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, email address, telephone number, home address, or payment information (for example, account information such as name, postal address, and email address, credit card number, or any other identifier we may use to contact you online or offline).

The types and categories of personal data we collect or process include:

• Account and contact information, including name, address (such as home address, work address, or other address), email address, phone number, username, and other contact information you provide us.
• Payment information, including credit card or debit card information and information about the payment methods and services (such as PayPal or Venmo) you use in connection with the Services.
• Location information, including general geographic location such as country, state or province, or city.
• Device information, including your IP address, device identifiers, operating system and version, preferred language, browser type and settings, and other device information.
• Content and information you elect to provide as part of your profile or in any reviews you make through the Services or emails, chats, or other communications sent to us.

We also collect:

• Statistics or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Services feature.
• Technical information. Technical information includes information about your internet connection and usage details about your interactions with the Services, such as clickstream information to, through, and from our Services (including date and time), products that you view or search for; page response times, download errors, length of your visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from a page.

If we combine or connect non-personal statistical or technical data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal information.

How We Collect Your Personal and Other Data

You Provide Information to Us

We collect information about you when you interact with our Services, such as when you create or update an account, place an order, subscribe, or make a purchase, participate in surveys, sweepstakes, contests, or promotions, or create, upload, or post content to the Services, including reviews, media such as photos, videos, or audio recordings.

Automatically Through Our Services

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect information that may include personal data. Information collected automatically may include usage details, IP addresses, operating system, and browser type, and information collected through cookies, web beacons, and other tracking technologies including details of your interactions with our Services, such as traffic data, location data, logs, and other communication data, and which resources and Services features that you access and use.

Using automatic collection technologies helps us to improve our Services and to deliver a better and more personalized experience.

The technologies we use for this automatic data collection may include:

• Cookies. A cookie is a small file placed on your device when you interact with the Services. You may refuse to accept or disable cookies by activating the appropriate setting on your browser or device. However, if you select this setting, you may be unable to access certain features of the Services.
• Web Beacons. Some parts of the Services 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 parts or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

To the extent any of these automated technologies are considered a personal data sale, targeted advertising, or profiling, under applicable laws, depending on where you live, you may opt out from use of these automated technologies for such uses by sending an email to admin@zaka.ai. Please note that some Services features may be unavailable as a result.

When you interact with the Services, there are third parties that may use automatic collection technologies to collect information about your or your device. These third parties may include:

• Advertisers, ad networks, and ad servers.
• Analytics companies.

These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites, apps, platforms, and other online services.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data, to:

• Provide you with the Services and any contents, features, information, products, or services that we make available through the Services.
• Fulfill and manage subscriptions, purchases and orders.
• Fulfill any other purpose for which you provide it.
• Improve our Services, including by analyzing your information and creating aggregated data derived from your information to develop, maintain, analyze, improve, optimize, measure, and report on our Services and their features and how users interact with them. Our analysis may include the use of technology like machine learning and large language models. We do not use identifiable student personal data for training AI models unrelated to the educational Services provided to the student’s school.
• Promote our Services, business, and offerings by publishing advertising on our own Services and by placing ads on third parties’ services. We may use your information to model, segment, target, offer, market, and advertise our Services, provided that we do not use student personal data for behavioral advertising or commercial profiling unrelated to educational purposes.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when Services updates are available and about changes to any products or services we offer or provide though them.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

The usage information we collect, whether connected to your personal data or not, helps us improve our Services and deliver a better and more personalized experience by enabling us to:

• Estimate our audience sizes and usage patterns.
• Store information about your preferences, allowing us to customize the Services according to your individual needs and interests.
• Speed up your searches.
• Recognize you when you return to our Services.

Who We Disclose Your Information To

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may also disclose personal data that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our organization and who are bound by contractual obligations to keep personal data confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ZAKA AI INC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by ZAKA AI, INC is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal data:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our organization, our customers, or others.

The categories of personal data we may disclose include:

• Account and contact information.
• Payment information.
• Account history, including information about your subscription, account, transactions, purchases, order history, or discounts.
• Content and information you elect to provide to us.

International Transfers

Our Services are operated from the United States. If you are located outside the United States, your personal data may be transferred to, stored, and processed in the United States or other countries. By using the Services or providing personal data to us, you consent to such transfer, storage, and processing. Where required by applicable law, we implement appropriate safeguards for cross-border transfers, which may include contractual protections.

Your Rights and Choices About Your Information

This section describes mechanisms you can use to control certain uses and disclosures of your information and rights you may have under applicable law, depending on where you are located.

Advertising, marketing, cookies, and other tracking technologies choices:

• Cookies and Other Tracking Technologies. You can set your browser to refuse all or some browser cookies or other tracking technology files, or to alert you when these files are being sent. If you disable or refuse cookies or similar tracking files, some Services features may be inaccessible or not function properly. Some browsers include a “Do Not Track” (DNT) setting that can send a signal to the online services you visit indicating you do not wish to be tracked.

Your Privacy Rights

Depending on your jurisdiction, you may have certain rights related to your personal data, including:

• Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process. To the extent feasible and required by state law, depending on your state], data will be provided in a portable format. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.
• Correction. You may request that we correct inaccuracies in your personal data that we maintain, taking into account the information’s nature and processing purpose.
• Deletion. You may request that we delete personal data about you that we maintain, subject to certain exception under applicable law.
• Opt Out of Using Personal Data for Targeted Advertising, Profiling, and Sales. You may request that we do not use your personal data for these purposes.

Important: The exact scope of these rights varies by jurisdiction. There are several exceptions where we may not have an obligation to fulfill your request, including where: (a) doing so would adversely affect the rights or freedoms of others; (b) we are legally required to retain the data; (c) the data is necessary to establish, exercise, or defend legal claims; (d) the request is manifestly unfounded or excessive; (e) the request conflicts with judicial or regulatory proceedings; or (f) fulfilling the request would compromise security measures or ongoing investigations. We may require verification of your identity before processing your request.

To exercise any of these rights, or to appeal a decision regarding a consumer rights request, please email admin@zaka.ai. We will respond to verified requests within the timeframes required by applicable law.

Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to process your request to opt out from certain types of data processing, including data “sales” as defined under certain laws. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law.

How We Protect Your Personal Data

We use commercially reasonable administrative, physical, and technical measures designed to protect your personal data from accidental loss or destruction and from unauthorized access, use, alteration, and disclosure. However, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal data transmitted to, through, using, or in connection with the Services. In particular, email, texts, and chats sent to or from the Services may not be secure, and you should carefully decide what information you send to us via such communications channels. Any transmission of personal data is at your own risk. We shall not be liable for any unauthorized access, breach, or disclosure that occurs despite our implementation of commercially reasonable security measures.

In the event of a personal data breach that may affect your rights, we will notify the relevant data protection authority and affected individuals as required by applicable law.

The safety and security of your information also depends on you. You are responsible for taking steps to protect your personal data against unauthorized use, disclosure, and access.

How We Retain Your Personal Data

We keep the categories of personal data described in this policy for as long as reasonably necessary to fulfill the purposes described or for as otherwise legally permitted or required, such as maintaining the Services, operating our organization, complying with our legal obligations, resolving disputes, and for safety, security, and fraud prevention. This means that we consider our legal and business obligations, potential risks of harm, and nature of the information when deciding how long to retain personal data. At the end of the retention period, personal data will be deleted, destroyed, or deidentified.

Notwithstanding the foregoing, we may retain personal data beyond the stated retention period where: (a) retention is required by applicable law or regulation; (b) the data is necessary to establish, exercise, or defend legal claims; (c) retention is required for audit, compliance, or dispute resolution purposes; or (d) the data has been anonymized such that it no longer identifies you.

Changes to Our Privacy Policy

We may update this policy from time to time, and we will provide notice of any such changes to the policy as required by law. The date the privacy policy was last updated is identified at the top of the page. We will notify you of changes to this policy by updating the “last updated” date and posting the updated policy on the Services. We may email or otherwise communicate reminders about this policy, but you should check our Services periodically to see the current policy and any changes we have made to it.

Contact Information

To exercise your rights or ask questions or comment about this privacy policy or our privacy practices, contact us at:

admin@zaka.ai

Limitation of Liability. To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or related to our processing of your personal data in accordance with this policy. Our total liability for any claims arising under or related to this policy shall not exceed the amounts paid by you or your institution to us for the Services during the twelve (12) months preceding the claim. These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages. Nothing in this policy excludes or limits our liability for fraud, gross negligence, or any liability that cannot be excluded or limited by applicable law.

Indemnification. If you access the Services through an institution (such as a school), such institution agrees to indemnify, defend, and hold harmless ZAKA AI, Inc. and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the institution’s breach of its obligations under its agreement with us or under applicable data protection laws; (b) the institution’s failure to obtain necessary consents or authorizations from data subjects or their guardians; or (c) the institution’s unauthorized use or disclosure of personal data obtained through the Services.

Governing Law and Dispute Resolution. This policy and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Delaware for the resolution of any disputes arising under this policy. Notwithstanding the foregoing, we retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our rights and interests.

Severability. If any provision of this policy is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from this policy. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of this policy.

Entire Agreement. This policy, together with our Terms of Use and any other agreements incorporated by reference, constitutes the entire agreement between you and ZAKA AI, Inc. with respect to your use of the Services and our processing of your personal data, and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to such subject matter.

No Waiver. Our failure to enforce any right or provision of this policy shall not constitute a waiver of such right or provision. Any waiver of any provision of this policy will be effective only if in writing and signed by an authorized representative of ZAKA AI, Inc.